RELIEF FROM AUTOMATIC STAY

(a) General. A motion for relief from the automatic stay or from the codebtor stay is a contested matter governed by Bankruptcy Rule 9014. (b) Notice, Service of Motion, and Hearing. Upon the filing of such a motion, the preliminary hearing will be consolidated with the final hearing unless the Court orders otherwise.

The clerk's office or some other person as the Court may direct must prepare a notice of such hearing and transmit a copy of the notice to the following: • the movant; • the debtor or the debtor in possession; • the Trustee; • any committee appointed in the case, or, if no committee is appointed and it is a chapter 9 or 11 case, then on all creditors; and • any other entity as the Court may direct. 22 The movant must serve a copy of the motion upon all of the aforesaid parties and attach a certificate of service to the motion. The hearing will be a final evidentiary hearing, and parties must be prepared for trial. (c) Fact Summary Sheet.

For a motion for relief from stay, a motion for relief from the co- debtor stay, a motion to renew a relief from stay motion, or a motion for adequate protection filed in a chapter 7 or 13 case, the movant must complete and file a fact summary sheet. The fact summary sheet must substantially comply with the fact summary sheet form found on this Court's website at http://www.alnb.uscourts.gov/forms/all-forms?page=1. The movant must file and serve the fact summary sheet completed in full at least 14 days prior to the first hearing date on the motion. The movant must ensure that, when the fact summary sheet is filed, it is filed as a separate event using the proper event from CM/ECF, not as an attachment to the motion.

To file the fact summary sheet, the movant must select "Bankruptcy," "Miscellaneous," and "Fact Summary for Motion for Relief from Stay." The movant will serve the fact summary sheet using CM/ECF. If the movant does not fully complete, timely file, and properly serve the fact summary sheet, the Court may continue, dismiss, or deny the motion. (Eff. 12/ 1/ 2015) RULE 4001-1.1 MOTIONS TO EXTEND STAY OR MOTIONS FOR THE STAY TO TAKE EFFECT: NOTICE REQUIREMENTS (a) General.

A motion to extend the automatic stay or for the stay to take effect must include the following information: (1) The case number, filing date, and dismissal date of the case(s) dismissed within the preceding 1-year period; (2) Basis for dismissal of the prior case(s); 23 (3) Whether the extension is sought as to one or all creditors; and, if the extension is sought for less than all creditors, the identity of the creditor(s) for whom the extension is sought and an explanation why the extension is sought as to the creditor(s) identified; (4) The change in personal or financial affairs of the debtor since the dismissal of the prior case(s); and (5) Any additional supporting information. (b) Service. Any party that files a motion to extend the automatic stay or for the stay to take effect must serve a copy of the motion upon the following: • the debtor; • the Trustee; • all creditors; and • any other entity as the Court may direct. The movant must attach a certificate of service to the motion.

A motion to extend the automatic stay or for the stay to take effect should be filed with the original bankruptcy petition or immediately thereafter to ensure timely completion of the hearing as the Code requires. (c) Notice of Hearing. The clerk's office, or some other person as the Court may direct, will prepare and send a notice of hearing providing no less than seven (7) to fourteen (14) days notice prior to the hearing date, or such notice as is appropriate under the circumstances. The notice must be sent to the following: • the debtor; • the Trustee; • all creditors; and • any other entity as the Court may direct.

24 (Eff. 3/1/2023)