Ex Parte Motions for Relief from Automatic Stay

(a) Relief from the Automatic Stay. In addition to procedures in FRBP 4001 for obtaining ex parte relief from the automatic stay, the court may grant stay relief on an ex parte motion if all persons entitled to notice under Local Rule 4001-1(c) consent in writing to stay relief. (b) Affidavit of Default Relating to Consent or Adequate Protection Order. Creditors seeking ex parte relief from the automatic stay based on an alleged default under a consent or adequate protection order shall: (1) file an ex parte motion for relief supported by an affidavit of an officer or employee of the creditor with personal knowledge of facts establishing the default.

Affidavits of counsel of record are not sufficient; (2) attach a copy of the applicable consent or adequate protection order to the motion; and (3) give notice of the filing of the motion to the debtor, debtor's counsel and all other parties entitled to notice under FRBP 2002. (c) Proposed Order. The mover shall submit a proposed order pursuant to Local Rule 9013-5. Proposed orders shall not impose any obligations on the debtor or provide for any other relief, including directing the debtor to surrender or deliver collateral to the creditor.

39 4001-4 Motion for Order Confirming Termination of Automatic Stay Motions under 11 U.S.C. § 362(j) shall include the case number, filing date and dismissal date of all cases filed in the two years preceding the petition.