Motions to Modify Stay.

P a g e | 31 hearing, a creditor may, in its motion to modify stay, consent to a waiver of the 30-day rule outlined in 11 U.S.C. § 362(e). (b) Impact of Postpetition Invoicing on Content of Motion and Specificity Required in Both Motion and Response to Motion. (1) (2) (3) Relief on the Basis of Payment Default. A secured creditor seeking relief from the automatic stay based upon allegations of a postpetition payment default by debtor shall state that it seeks relief based on debtor’s payment default and articulate with specificity the payment amounts and dates of debtor’s alleged default, and attest that it responded promptly and thoroughly to trustee or debtor’s reasonable requests for account information.

In the event the secured creditor has not provided debtor with the account information required by this Local Rule, the Court may deny the secured creditor’s request for recovery of attorney’s fees or costs in connection with the motion, regardless of the agreement terms with debtor; and the Court may order the secured creditor to pay debtor’s reasonable attorney’s fees, if any, for responding to the motion. Debtor Opposing Relief from the Automatic Stay. Debtor opposing relief from the automatic stay in connection with a debt within the scope of this Local Rule shall state with specificity which allegation it disputes in creditor’s motion and must append to the response either debtor’s affidavit or copies of records showing proof of payment on the account, and articulate debtor’s legal and factual basis for asserting that creditor is not entitled to relief from stay. Debtor’s failure to meet these requirements may constitute cause for the Court to deny debtor’s request for additional time and/or for the Court to consider the motion unopposed.

Creditor’s Duty to Provide Documentation to Objecting Chapter 13 Debtor. When a Chapter 13 debtor’s objection to a motion for relief from stay contests, with specificity, either the payment default or creditor’s application of payments, creditor shall immediately transmit debtor’s payment history and a detailed accounting of how debtor’s payments were applied to the outstanding obligation to debtor’s counsel (or to debtor directly, if not represented by counsel), by electronic or facsimile means, to ensure that debtor has a reasonable opportunity to review this data before the hearing on the motion for relief from stay. (c) Response and Hearing. If debtor, trustee, or party in interest files a response, then a hearing shall be noticed pursuant to Mont.

LBR 9013-1(f). In the event such scheduled hearing date is 30 days beyond the date of the motion to modify stay, then a preliminary hearing within such 30-day period will be scheduled by the responding party after such party contacts the Clerk of Court to confirm the preliminary telephone hearing date and time, which shall be outlined in the response. The response and request for a hearing must include the legal and factual basis for the objection and, as appropriate, the following: (1) If valuation of property is an issue, the estimation of value asserted by the respondent. Mont.

LBR December 1, 2025