RELIEF FROM AUTOMATIC STAY

(a) By Motion. If a motion for relief from the automatic stay under Bankruptcy Code § 362 is made returnable more than 30 days after the date filed, the movant shall be deemed to have consented to the continuation of the automatic stay through the hearing date. (b) By Presentment. If a motion for relief from the automatic stay under Bankruptcy Code § 362 is made by presentment as set forth in E.D.N.Y. LBR 2002-1, and a hearing is scheduled, the time limitation set forth in Bankruptcy Code § 362(e) is deemed waived.

(c) If the debtor is an individual, a motion for relief from the automatic stay under Bankruptcy Code § 362 shall be supported by an affidavit, based on personal knowledge, attesting to the circumstances of any default with respect to an obligation related to the motion. (d) If the debtor is an individual, a party moving for relief from the automatic stay under Bankruptcy Code § 362 relating to a mortgage on real property or a security -31- of interest in a cooperative apartment shall file, as an exhibit to the motion, a completed copy website court’s (https://www.nyeb.uscourts.gov/forms/relief-stay-real-estate-and-cooperative- apartments-72408-form-be-included-exhibit-motions). Compliance with this subdivision shall constitute compliance with subdivision (c) of this rule. available form the the on CROSS-REFERENCES: REFERENCE: E.D.N.Y. LBR 2002-1, 5070-1 Bankruptcy Code § 362