Ex Parte Motions for Relief from Automatic Stay
U.S. Bankruptcy Court for the Eastern District of Louisiana
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Ex parte motions for relief from the automatic stay will be considered if the parties have agreed in a stipulation previously approved by the court that the stay may be lifted ex parte upon the debtor’s default and other conditions specified. The motion must attach an affidavit by the creditor attesting to the debtor’s default and the circumstances of that default. The creditor must also attach proof that it gave the debtor and debtor’s counsel at least fourteen (14) days written notice of default before filing the motion or the reason notice was not given. Provisions in stipulations that the creditor may file an ex parte motion upon default expire one (1) year from the date of the order approving the stipulation.