STAY OF 11 U.S.C. § 362

(a) General. Except as provided by this rule, the requirements of LBR 9013-1 through LBR 9013-4 apply to a motion for relief from the automatic stay, extension of the stay, imposition of the stay, or confirmation that the stay is terminated or no longer in effect. If the motion is filed in a chapter 13 case, the moving party must also comply with LBR 3015-1(r). (b) Form Motions and Orders.

(1) Motions. An entity seeking relief from the automatic stay, extension of the stay, imposition of the stay, or confirmation that the stay is terminated or no longer in effect, must file a motion using the court-mandated F 4001-1 series of form motions. The failure to use the mandatory forms may result in the denial of the motion or the imposition of sanctions. (2) Orders.

In addition to the requirement that all orders on § 362 motions comply with LBR 9021-1: (A) Mandatory Form Orders. Any order granting relief from the automatic stay, extension of the stay, imposition of the stay, or confirming that the stay is terminated or no longer in effect, must be lodged using the court-mandated F 4001-1 series of form orders. The failure to use the mandatory form orders may result in the court not signing or entering the order; and (B) Motions Settled by Stipulation. Any order granting a motion regarding the stay, as settled by stipulation, must be prepared using the court-mandated F 4001-1 series of form orders and is exempt from the requirements of LBR 9021-1(b)(2).

Compliance with the CM/ECF Procedures contained in The Central Guide is required regarding signatures of parties and/or counsel to the stipulated terms. (c) Motion for Relief from Automatic Stay. (1) Filing and Service. The motion, notice of hearing, and all supporting documents must be served by the moving party in the time and manner prescribed in LBR 9013-1(d) on the following parties: (A) Residential Unlawful Detainer Motions.

If the motion seeks relief from the stay to proceed with an unlawful detainer action involving a residential property with a month-to-month tenancy, tenancy at will, or a tenancy terminated by an unlawful detainer judgment, the movant must serve only the debtor and debtor’s attorney (if any). (B) Motions Requesting Relief Applicable in Future Cases, Including Under 11 U.S.C. § 362(d)(4). If a motion seeks relief from the stay applicable in future cases (sometimes called “in rem” or “ex parte” relief), the movant must serve the person(s) who executed the documents through which the 71 LBR 4001-1 movant asserts its interest in the property (sometimes referred to in the mortgage context as the “original borrower”, and in the leasehold context, the “original lessee”), in addition to those persons and entities required by LBR 4001-1(c)(1)(C). (C) Other Relief from Automatic Stay Motions.

In all other cases, the movant must serve: (i) The debtor and debtor’s attorney (if any); (ii) The trustee or interim trustee (if any); (iii) Any applicable codebtor where relief is sought from the codebtor stay under 11 U.S.C. §§ 1201 or 1301; (iv) If relief is sought as to property of the estate, the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record; and (v) Any other party entitled to notice under FRBP 4001. (2) Hearing. Unless the court orders otherwise at the time of the hearing, the preliminary hearing under 11 U.S.C. § 362(e) is consolidated with the final hearing under 11 U.S.C. § 362(d). (3) Continuance by Stipulation.

A stipulation by the moving party to continue a hearing under 11 U.S.C. § 362(d) to a later date is deemed a waiver of the applicable portions of 11 U.S.C. § 362(e) until the conclusion of the hearing on such later date. Unless otherwise ordered, an order by the court to continue a hearing under 11 U.S.C. § 362 to a later date is deemed to include an order continuing the stay in effect until the conclusion of the hearing on such later date. (4) Separate Motion. A motion for relief from the automatic stay must be filed separately from, and not combined in the same document with, any other request for relief, unless otherwise ordered by the court.

(d) Motion for Extension or Imposition of Stay. (1) A in party interest seeking under an 11 U.S.C. § 362(c)(3)(B) or imposition of the stay under 11 U.S.C. § 362(c)(4)(B) must file a motion and serve the motion, notice of hearing, and supporting documents as provided in subsection (c)(1) of this rule and upon all other parties in interest against whom extension or imposition of the stay is sought. extension stay the of (2) The motion must be filed promptly after the petition date to be timely considered and, if necessary, accompanied by a separate motion under LBR 9075-1(b) for a hearing on shortened notice. 72 LBR 4001-1 (e) Motion for Order Confirming Termination of Automatic Stay. (1) A party in interest requesting an order under 11 U.S.C. § 362(j) confirming termination of the automatic stay must file a motion supported by a declaration containing competent evidence establishing that the stay has terminated or was never in effect under 11 U.S.C. § 362(c).

(2) The motion and supporting declaration must be served as provided in subsection (c)(1) of this rule. (f) Deposit of Rent under 11 U.S.C. § 362(l). (1) Any the rent deposited with to 11 U.S.C. § 362(l)(1)(B) must be in the form of a certified or cashier’s check or money order payable to the lessor or landlord in the amount of any rent that would become due during the 30-day period after the filing of the bankruptcy petition. pursuant court clerk the of (2) The rent must be deposited with the clerk of the court at the time the bankruptcy petition is filed. The rent deposit and the bankruptcy petition must be accompanied by a copy of the judgment for possession and Official Form 101A, Initial Statement About an Eviction Judgment Against You.

(3) As the certification to be filed and served pursuant to 11 U.S.C. § 362(l)(2), debtor must use Official Form 101B, Statement About Payment of an Eviction Judgment Against You. This certification must be filed and served within 30 days after accordance with the bankruptcy petition 11 U.S.C. § 362(l)(2). filing of the in (4) Pursuant to 11 U.S.C. § 362(l)(5)(D), the clerk will transmit the payment to the lessor at the address listed Official Form 101A, Initial Statement About an Eviction Judgment Against You. Relief from Automatic Stay to Proceed in Another Forum. If the court grants a motion for relief from the automatic stay to proceed in another forum, the prevailing party must promptly file a copy of the entered order in that forum.

Application Confirming Loan Modification Will Not Violate the Stay. An application for order confirming loan modification does not violate the automatic stay must be served on the debtor, debtor’s attorney, and applicable lender, and may be ruled on without a hearing pursuant to LBR 9013-1(p). (g) (h) 73 LBR 4003-2