Content of Motion for Relief from Stay; Service.

U.S. Bankruptcy Court for the Southern District of California

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Southern District of California

Rule: 4001-2

Jurisdiction: SDCAB

Bluebook Citation: Bankr. S.D. Cal. R. 4001-2

All Rules: Bankr. S.D. Cal. Local Bankruptcy Rules, complete index


Text

(a) Content. A motion for stay relief must substantially conform to Local Form CSD 1160 or 1163, as appropriate, and must: (1) (2) (3) (4) (5) (6) name the debtor, co-debtor, and the trustee as respondents; state with particularity the relief or order sought and the grounds for such relief or order; state the status of any pending foreclosure, repossession, or unlawful detainer proceeding; if the motion is filed in a chapter 11 or 13 case and non-payment of any post-Petition payment is a ground for relief, provide an accounting of each post-Petition payment received, the amount and date received, and date posted to the account; where the value of an asset is relevant, provide admissible evidence of value and any known encumbrances; and if the motion is brought for cause, provide admissible evidence of the specific facts that constitute such cause. (b) Service. The Movant must serve the motion, together with Local Form CSD 1185, on the debtor, co-debtor, any counsel for the debtor, any counsel for the co-debtor, any counsel for the trustee, the U.S. Trustee, other Entities or Individuals entitled to receive notice of default or notice of sale under applicable non-bankruptcy law governing foreclosure of real or personal property which is the subject of the motion, and any parties entitled to service pursuant to FRBP 4001(a)(1).

Chat with this local rule using AI

Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.