Stay of 11 U.S.C. § 362 and Codebtor Stay of 11 U.S.C. §§ 1201 and 1301

(a) Motion for Relief from the Automatic Stay. (1) Motions for relief from the automatic stay under §§ 362(d), 1201(c), or 1301(c) of the Code must: [A] conform substantially to AK LBF 1; [B] not be combined with any other motion or request for relief; [C] attach copies of: (i) all security agreements, financing statements, titles and other perfection documents necessary to prove the validity of the movant’s security interest or lien; and (ii) all writings that evidence the underlying debt, including any writing necessary to prove that the movant is the current holder of the debt, or is otherwise entitled to enforce the debt, such as a promissory note; and [D] be accompanied by the requisite filing fee. [E] A movant who has filed a proof of claim which includes the documentation described in section (a)(1)[C] above may satisfy that subsection by reference in the motion to its proof of claim. (2) All applications or requests for relief under any other provision of § 362 of the Code must be in the form of a motion and: [A] contain in the title the subsection under which relief is sought; [B] not be combined with any other motion or request for relief; and [C] be accompanied by any required filing fee. (b) Service of the Motion.

In addition to the entities identified in Rule 4001, Federal Rules of Bankruptcy Procedure, a motion brought under §§ 362, 1201, or 1301 of the Code must be: (1) transmitted to the United States trustee; (2) served on— [A] in a case under chapter 7, 12 or 13, of the Code, both the trustee and the debtor(s); [B] if the motion seeks relief from stay as to an act against property, to all entities who hold or claim an interest in the subject property; and [C] if known, counsel for each entity served. (c) Notice. (1) In cases involving termination of a stay under § 362(d) of the Code, notice of the motion must conform substantially to AK LBF 2, which provides, among other things, that written objections to the motion must be filed and served within fourteen (14) days following the date of service by mail of the notice. [A] On or before the date the motion is filed, notice of the motion involving termination of a stay under § 362(d) of the Code must be served in accordance with AK LBR 4001- 1(b), and on all persons who have filed an appearance or request for notice in the bankruptcy case. (2) In cases involving termination of the codebtor stay under §§ 1201 or 1301 of the Code, notice of the motion must conform substantially to AK LBF 3, which provides, among other things, that written objections to the motion must be filed and served within twenty (20) days after the motion is filed.

LOCAL BANKRUPTCY RULES DISTRICT OF ALASKA (12/2024) 38 [A] On or before the date the motion is filed, notice of the motion involving termination of the codebtor stay under §§ 1201 or 1301 of the Code must be served in accordance with AK LBR 4001-1(b), and on: (i) all individuals who are liable on the debt with the debtor; and (ii) all persons who have filed an appearance or request for notice in the bankruptcy case. (3) The moving party must identify, in the certificate of mailing attached to a motion involving relief from stay under §§ 362(d), 1201 or 1301, each entity served by name, address and classification in accordance with AK LBR 4001-1(c)(1) or (2). (4) Alternatively, the moving party may serve a motion involving relief from stay under §§ 362(d), 1201 or 1301 on the Matrix, provided such list encompasses the entities specified in AK LBR 4001-1(c)(1) or (2), as applicable. (d) Uncontested Motion.

After expiration of the response periods set forth in AK LBR 4001- 1(c)(1) and (2), if no objection or other response to the motion has been filed, the moving party must: (1) file a certificate of no objections conforming to AK LBF 4; and (2) lodge a proposed order granting the relief requested. (e) Objection to Motion. (1) An objection to a motion brought under §§ 362(d), 1201, or 1301 of the Code must be filed and served within the time limits set forth in AK LBR 4001-1(c)(1) and (2). (2) The objection must fairly and completely state the grounds for the objection, including, to the extent relevant: [A] the objecting party’s alleged value of the property; [B] the amount that the objecting party contends is owed to the moving party; [C] in arguing the property is necessary to an effective reorganization, a concise statement of the nature of the necessity and when the expected reorganization will become effective; and [D] where equity or an equity cushion is placed at issue, an analysis of all liens and encumbrances on the property, including— (i) the nature and amount of each encumbrance, and (ii) whether the encumbrance is senior or junior to the moving party’s encumbrance.

(3) On or before the date the objection is filed, it must be served on: [A] the trustee; [B] the moving party; [C] the debtor (if the objecting party is not the debtor); and [D] counsel for each, if any. (f) Hearing on Contested Motion Under 11 U.S.C. §§ 362(d), 1201, or 1301. (1) Calendaring of Hearing on Contested Motion. When an objection to a motion brought under §§ 362(d), 1201, or 1301 of the Code is timely filed and served: [A] within 24 hours of filing an objection, the objecting party must submit a request for hearing on the motion by completing and submitting to the court a Calendar Request (AK LBR 7) in accordance with the court’s posted Calendar Request procedures, available at www.akb.uscourts.gov; [B] upon receipt of a properly submitted Calendar Request, the court will schedule a preliminary hearing and advise the objecting party of the hearing date; LOCAL BANKRUPTCY RULES DISTRICT OF ALASKA (12/2024) 39 [C] within 24 hours of the court’s communication regarding the preliminary hearing date, the objecting party must provide notice of the hearing date and time, both telephonically and in writing, to: (i) the trustee; (ii) the debtor; and (iii) counsel for each, if any; and [D] the objecting party must file with the court a copy of the written notice of hearing.

(2) Preliminary Hearing. [A] Absent court order, the initial hearing on a contested motion for relief from the automatic stay will be a preliminary hearing only, with a subsequent final evidentiary hearing to be set as necessary. [B] Parties may present live testimony at a preliminary hearing on a motion for relief from stay only with the prior written approval of the court. (i) A motion to present live testimony at a preliminary hearing must: (I) be filed not less than five (5) days before the hearing, and served on the parties set forth under AK LBR 4001-1(e)(3); (II) set forth— (a) the name and address of the witness[es] to be called; (b) a concise statement of the testimony to be offered; (c) a concise statement of the necessity for the testimony; and (III) be accompanied by a proposed order lodged with the court. (g) Termination of the Automatic Stay Under 11 U.S.C. § 362(e). Notwithstanding the automatic operation of the provisions of § 362(e) of the Code, unless otherwise ordered by the court, any movant who has filed a motion for relief from the automatic stay must submit to the court a proposed order on the motion, even if that order serves only to memorialize termination of the stay by operation of § 362(e).

(h) Motions under 11 U.S.C. § 362(c). (1) A motion to continue the automatic stay under § 362(c)(3) or to impose a stay under § 362(c)(4) of the Code must: [A] clearly state— (i) the date, case number, and date of dismissal of all previous bankruptcy filings within the year prior to the filing of the current proceeding; (ii) the reasons for dismissal of each previous case(s); (iii) the date of the filing of the current case; (iv) a statement as to why the present case is being filed in good faith, including all facts offered to rebut any presumption that the filing was made in bad faith; (v) the identity of all creditors to whom the stay is requested to be continued; and (vi) any other facts or circumstances that should be considered by the court; [B] on or before the date the motion is filed, be served on (i) all parties to be affected by the motion; (ii) the trustee; and (iii) counsel for the above, if any; and [C] be transmitted to the United States trustee. (2) Any objection to the motion must be filed not later than fourteen (14) days after the motion is served. [A] On or before the date the objection is filed, the objection must be served on: (i) the debtor; LOCAL BANKRUPTCY RULES DISTRICT OF ALASKA (12/2024) 40 (ii) the trustee; and (iii) counsel for the above, if any. (3) When an objection to a motion brought under § 362(c) of the Code is timely filed and served: [A] within 24 hours of filing an objection, submit a request for hearing on the motion by completing and submitting to the court a Calendar Request (AK LBR 7) in accordance with the court’s posted Calendar Request procedures, available at www.akb.uscourts.gov; [B] upon receipt of a properly submitted Calendar Request, the court will schedule a preliminary hearing and advise the objecting party of the hearing date; [C] within 24 hours of the court’s communication regarding the hearing date, the objecting party must provide notice of the hearing date and time, both telephonically and in writing, to: (i) the debtor; (ii) the trustee; and (iii) counsel for each, if any; and [D] appear at the hearing on the matter and be available to be examined, under oath, by any affected party.

(i) Certificate of Service. All motions and notices to be served under this rule must be accompanied by a separately-filed certificate of service which substantially conforms to AK LBF 12 and demonstrates compliance with the service requirements established hereby. (j) Procedures Under 11 U.S.C. § 362(l). (1) Unless otherwise ordered by the court, the Clerk of Court will forward to the lessor the rental deposit made by the debtor as provided in AK LBR 1002-2(a) no later than seven (7) days after the deposit is received by the Clerk.

(2) If the debtor files the second certificate described in § 362(l)(2) of the Code, the deposit may be considered as part of any paid post-petition rent (not pre-petition rent), for purposes of determining whether the monetary default has been cured, or whether the lease is current. (k) Contested Matters Under Rule 9014. Any objection to a motion filed under this section will be considered a contested matter under Rule 9014, Federal Rules of Bankruptcy Procedure. (l) Mandatory Discovery Exchange.

(1) Unless the court orders otherwise, not later than seven (7) days after service of any objection or response to a motion or application brought under §§ 362, 1201, or 1301 of the Code, which motion is governed by Rule 9014, Federal Rules of Bankruptcy Procedure, the moving party and each objecting party must, to the extent relevant to the issues fairly raised by the motion and objection or objections thereto, comply with the requirements of Rule 26(a)(1) and (2), Federal Rules of Civil Procedure. (2) The parties may stipulate, in writing, subject to approval by the court, to shorten or extend the deadlines set forth under Rule 26(a)(1) and (2), Federal Rules of Civil Procedure. (3) Any party refusing or failing to comply with this subdivision may be subject to such sanctions as the court may deem appropriate under the circumstances, including the assessment of costs and attorney’s fees or the exclusion of the evidentiary materials not produced. LOCAL BANKRUPTCY RULES DISTRICT OF ALASKA (12/2024) 41 Rule 4001-2 Use of Cash Collateral and Obtaining Postpetition Credit (a) Motions to Use Cash Collateral.

Motions by the debtor in possession or trustee for authorization to use cash collateral must, in addition to the information enumerated in Rule 4001(b)(1)(B), Federal Rules of Bankruptcy Procedure, contain: (1) the relationship to the debtor, if any, of the creditor whose cash collateral is to be utilized; the nature or source of the cash collateral; the estimated amount of cash collateral to be used; (2) (3) (4) a 90-day cash flow projection segregating cash receipts from cash collateral from all (5) other sources of cash receipts; the balance owed to the creditor, as of the date the petition was filed, including any accrued, unpaid interest, cost or fees as provided in the agreement; (6) an estimate of the amounts of any postpetition interest, costs and fees the creditor (7) (8) (9) would be entitled to recover under § 506(b) of the Code; if the cash collateral is rent, the amount of the gross and net rent realized each month, and the fair market value of the property from which the rent emanates; if the collateral is receivables, an accounts receivable aging statement; if the collateral is inventory, current book or market value, whichever is lower, of the inventory; (10) for any other collateral, the fair market value of the collateral; (11) the method or means by which the interests of the creditor are to be adequately protected; and (12) a statement of whether or not the debtor proposes to grant any provision contained in paragraph (f) below and, if so, identify the provision. (b) Cash Collateral Utilization Agreements. Motions or applications for the approval of an agreement for use of cash collateral must, in addition to complying with Rule 4001(b), Federal Rules of Bankruptcy Procedure, set forth in the body of the motion or application the information required by subsections (a)(1) through (a)(10) above, and whether or not the agreement contains any provision(s) contained in subsection (f) below and, if so, identify the provision(s). (c) Postpetition Financing.

Motions by the debtor in possession or trustee for authorization to obtain postpetition credit or for approval of a postpetition financing agreement must contain, as a minimum: (1) identity of the lender and relationship, if any, of the lender to the debtor; (2) the amount of credit to be obtained or, in the case of line of credit financing, the maximum amount the lender is to advance; (3) if funding is to be incremental, timing of funding or method by which funding is to be determined; (4) a 90-day cash flow projection showing all sources of cash receipts other than the amounts to be borrowed; (5) if the lender is a prepetition creditor the following information— [A] the balance owed to the creditor, as of the date the petition was filed, including any accrued, unpaid interest, cost or fees as provided in the agreement, [B] if the lender is secured by receivables, an accounts receivable aging statement, [C] if the lender is secured by inventory, current book or market value, whichever is lower, of the inventory, LOCAL BANKRUPTCY RULES DISTRICT OF ALASKA (12/2024) 42 [D] if the lender is secured by real property, the current fair market value of the property and, if income producing, the gross and net rents produced by the property, and [E] if the lender is secured by any other property, the fair market value of the property; (6) a description of the collateral, if any, to secure the postpetition financing; (7) the current fair market value of the collateral, if any, to secure the postpetition financing; (8) if any other entity has, or claims, a security interest in the collateral to secure the postpetition financing, set forth— [A] identity of the entity, including any relationship to the debtor, [B] the balance owed that entity, [C] whether the interest of that entity is to be subordinated to the postpetition financing and if so— (i) whether the subordinated entity has consented, or (ii) in the absence of consent, how the interest of that entity is to be adequately protected; and (9) whether or not the financing agreement contains any provision(s) contained in subsection (f) below and, if so, identify the provision(s). (d) Motions Heard on Shortened Time. (1) Unless otherwise ordered by the court, emergency motions or applications for interim relief made under subsections (a), (b), and (c), above, may be heard upon twenty-four (24) hours’ notice by telephonic, electronic, or personal delivery to the entities identified in the applicable provisions of Rule 4001, Federal Rules of Bankruptcy Procedure. (2) All requests for hearings on shortened time, must set forth with specificity: [A] the immediate and irreparable harm the estate will suffer if relief is not immediately granted; [B] the extent of the relief required to prevent such immediate and irreparable harm to the estate; and [C] contain as much of the information required by subsection (a), (b), or (c), as applicable, as may be necessary to establish the necessity to avoid immediate and irreparable harm to the estate pending a final hearing.

(3) The court may, at its discretion, hold emergency hearings telephonically. (e) Interim Cash Collateral Orders. Unless otherwise specifically ordered by the court, any interim order entered under this subsection will expire not later than twenty-one (21) days after the motion under subsection (a), (b), or (c) is filed. (f) Provisions Normally Approved.

The court will normally approve inclusion of the following provisions in any order or agreement for the use of cash collateral or any postpetition financing agreement: (1) withdrawal of consent to use cash collateral or termination of further financing, upon occurrence of a default or conversion to chapter 7; (2) securing any postpetition diminution in the value of the secured party’s collateral with a lien on postpetition collateral of the same type as the secured party had prepetition, if such lien is subordinated to the compensation and expense reimbursement allowed to any trustee thereafter appointed in the case; (3) securing new advances or value diminution with a lien on other assets of the estate, but only if the lien is subordinated to all the expenses of administration of a superseding chapter 7 case; (4) reservation of rights under § 507(b) of the Code, unless the provision calls for modification of the Code’s priorities in the event of conversion to chapter 7; LOCAL BANKRUPTCY RULES DISTRICT OF ALASKA (12/2024) 43 (5) reasonable reporting requirements; (6) reasonable budgets and use restrictions; and (7) expiration date for the stipulation. (g) Other Provisions. Inclusion of any of the following provisions in any order or agreement for the use of cash collateral may be scrutinized by the court even in the absence of an objection by a party in interest: (1) cross-collateralization clauses that secure prepetition debt by postpetition assets in which the secured party would not otherwise have a security interest by virtue of its prepetition security agreement; (2) provisions or findings of fact that bind the estate or all parties in interest with respect to the validity, perfection or amount of the secured party’s lien or debt; (3) provisions or findings of fact that bind the estate or all parties in interest with respect to the relative priorities of the secured party’s lien and liens held by persons who are not party to the agreement; (4) clauses that prime the liens and/or security interests of secured creditors who are not parties to the agreement, unless consented to by the affected creditor; (5) waivers of § 506(c) of the Code, except to the extent effective only during the period in which the debtor in possession or trustee is authorized to use cash collateral or borrow funds; (6) provisions that preclude a future trustee with a duty to care for, preserve, and/or liquidate collateral from recovering the expenses of administration; (7) provisions that characterize any postpetition payments as payments of interest, fees, or costs on prepetition obligations; (8) provisions that operate specifically or as a practical matter to divest the debtor, or any other party in interest, of any discretion in the formulation of a plan or administration of the estate, or limit access to the court to seek any relief under applicable provisions of law; releases of liability for the creditor’s prepetition torts, breaches of contract, or lender liability, as well as releases of prepetition or postpetition defenses and/or counterclaims; (9) (10) waivers of avoidance actions; (11) provisions that would include the recovery from avoidance actions as adequate protection or part of the secured creditor’s collateral; (12) automatic relief from the automatic stay of § 362(a) of the Code upon default, conversion to chapter 7, or the appointment of a trustee; (13) adequate protection provisions that create liens on claims for relief arising under the Bankruptcy Code; (14) waivers of the right to move for a court order under § 363(c)(2)(B) of the Code authorizing the use of cash collateral in the absence of the secured party’s consent; (15) carve outs for administrative expenses that do not treat all professionals equally or on a pro rata basis; (16) provisions that shorten the period of limitations any party in interest (including a successor trustee) for bringing claims or causes of action against the lender or secured creditor; (17) a finding without testimony to the effect that in consenting to the use of cash collateral or postpetition financing, the secured creditor or lender is acting in good faith; LOCAL BANKRUPTCY RULES DISTRICT OF ALASKA (12/2024) 44 (18) waivers of the procedural requirements for foreclosure or repossession mandated under applicable nonbankruptcy law; (19) provisions applicable in the event of a dispute under the agreement that place venue in a foreign jurisdiction; (20) provisions applicable in the event of a dispute or default under the agreement wherein the debtor waives— [A] service of process, [B] the doctrine of forum non conveniens, [C] notice and hearing, or [D] the right to a jury trial; and (21) Findings of fact on matters extraneous to the approval process. (g) Notice of Final Hearing.

(1) In addition to service on the persons specified in Rule 4001, Federal Rules of Bankruptcy Procedure, a motion for the use of cash collateral under subsections (a) or (b), or to obtain credit under subsection (c), must be transmitted to the United States trustee. (2) In addition to the persons specified in rule 4001, Federal Rules of Bankruptcy Procedure, notice of the final hearing on a motion for the use of cash collateral under subsections (a) or (b), or to obtain credit under subsection (c), must be given in form substantially conforming to AK LBF 35 or AK LBF 36, as applicable, to: [A] the United States trustee; [B] any person having filed a request for special notice; and [C] such other persons as the court may direct.