AUTOMATIC STAY - RELIEF FROM

(a) Form of Motion. (1) In General. A motion for relief from the automatic stay of 11 U.S.C. § 362(a) must be titled “Motion for Relief from Stay” or a similar phrase, must specify the subsection of 11 U.S.C. § 362(d) under which relief is sought, and must set forth the admissible evidence supporting such relief. The motion’s caption must be in the form of Local Bankruptcy Form B, and in a Chapter 7 case, the trustee must be listed as a respondent.

The motion may not be combined with a request for any other relief, except for adequate protection, for relief from the co-debtor stay under 11 U.S.C. § 1201(a) or § 1301(a), to extend the bar date after foreclosure as permitted by Local Bankruptcy Rule 4001-3(b), or for prospective relief under (a)(2) below. (2) Prospective Relief. Any motion for relief from stay that includes a request for the imposition of an equitable servitude, or any other prospective relief that would limit a stay arising under 11 U.S.C. § 362(a), must be titled and identified on CM/ECF in a manner that conspicuously so states. (3) Proposed Order.

Any proposed order submitted by an attorney, including any order consented to by adverse parties, must be titled in a manner that conspicuously states the nature of the relief granted consistent with (a)(1) and (2) above and otherwise complies with Local Bankruptcy Rule 9013-3. (b) Service of Motion and Notice of Hearing. (1) Hearing Date. The movant must select a hearing date for this type of motion from the Court Hearing Scheduler Program, and such date must be more than twenty-one Ver.

25.01 (December 1, 2025) 30 (21) days after the date of service. The notice of the motion must state the hearing date and time. (2) Notice of Hearing Date. The movant must serve the motion for relief from stay with a hearing notice conforming to Local Bankruptcy Form B. (3) Procedures for Continuing Hearing.

The movant may continue the hearing on a motion for relief from stay without Court order by filing and serving an amended notice of hearing with a new hearing date and time at least two (2) business days before the hearing, with service on the debtor that provides actual notice. (c) Response to Motion for Relief from Stay. (1) Time. The Court Hearing Scheduler Program will compute the date that an objection is due, and such objection deadline must be included in the hearing notice.

If no timely response is filed, the Court may rule on the motion without further notice or a hearing as set forth in Local Bankruptcy Rule 9013-1(d). (2) Form. The caption of the response must be the same as the form for the caption of the motion as set out in paragraph (a) above. (3) Pleading.

A response must include detailed answers to each numbered paragraph of the motion, in conformity with the requirements of Federal Rule of Civil Procedure 8(b) and (d). All defenses to the motion must be stated in the response. (4) Response by Standing Chapter 12 and 13 Trustees. Standing Chapter 12 and Chapter 13 trustees are served for informational purposes and are not required to respond to motions for relief from stay.

Ver. 25.01 (December 1, 2025) 31 (d) Requirements Under 11 U.S.C. § 362(e). (1) Waiver. If the movant notices a hearing date more than thirty (30) days after the date of the filing of the motion, or consents to a continuance, the movant is deemed to have consented to the inapplicability of 11 U.S.C. § 362(e) through the day of the hearing on the motion for relief from stay.

(2) Commencement of Measuring Period. A request for relief under 11 U.S.C. § 362(d) is complete to commence the thirty (30) day measuring period under 11 U.S.C. § 362(e) only when filed and noticed in compliance with this Rule. (e) Deadline for Exhibits. In cases under Chapter 11, exhibits must be filed in accordance with Local Bankruptcy Rule 7016-1(c).

(f) Certain Appraisals. If the debtor is an individual in a case under Chapter 7, 12, or 13, and the parties contest the value of the collateral subject to a motion for relief from stay, then the respondent may make a written request to the movant’s attorney (or if no attorney, to the movant) requesting a copy of the movant’s appraisal of the collateral. If the movant has obtained an appraisal and intends to place it into evidence, the movant must supply a copy of same to the respondent within two (2) business days of said written request. If the movant did not have an appraisal at the time of the request which was intended to be placed into evidence, but subsequently obtains such an appraisal, the movant must provide a copy of said appraisal to the respondent which made the request upon the earlier of (a) two (2) business days after obtaining same or (b) two (2) business days prior to the hearing.

(g) Conference Required. If the motion for relief from stay is opposed, the attorneys for the parties, or the parties if not represented by an attorney, must confer in person, telephonically, or by videoconference with respect to the issues raised by the motion at least three Ver. 25.01 (December 1, 2025) 32 (3) business days prior to the scheduled hearing for the purpose of determining whether a consensual order may be entered and/or stipulating to relevant facts, such as the value of the property and the extent and validity of any security instrument. The parties’ failure to comply with this Rule may result in the Court denying any request for a continuance of the hearing on the motion for relief from stay submitted less than two (2) business days before the hearing date.