Automatic Stay - Relief From or Absence Of

(a)  Form.  A motion or stipulation for relief from the automatic stay or a motion for an order confirming the termination or absence of a stay must be dual captioned and contain a brief description of the property, and the nature of the relief requested.

(b)  Service.

 (1)  Motions; Stipulations.  A motion for stay relief or a stipulation for stay relief in lieu of a motion, the proposed form of order, and the notice required by subsection (c) must be promptly served by movant on:

(A)  The debtor;

(B)  The debtor’s counsel;

(C)  Any case trustee; and

(D)  In a chapter 11 case, the twenty largest unsecured creditors listed by the debtor, or the unsecured creditors’ committee and counsel for any committee appointed under the Code.

 (2)  Additional Notice.  Movant must promptly serve the notice required by subsection (c) on:

(A)  Any other party known to movant to claim an interest in the property that is the subject of the motion or stipulation; and

(B)  Any other person or entity required by law or the Court.

(c)  Notice of Motion or Stipulation.  Contemporaneous with the motion or stipulation, movant must file and serve notice providing the details of the motion or stipulation and that if no objection is filed and served within fourteen (14) days of service, the Court may approve the motion or stipulation.

(d)  Movant’s Supporting Documents.  Each motion or stipulation shall be supported by legible copies of:

(1)  All documents that establish a valid, perfected security interest;

(2)  All documents that movant contends establish a lack of adequate protection or equity in the property, including appraisals or summaries, currently in movant’s possession or control that will be relied on at the final hearing; and

(3)  Movant must disclose the date, time and place of any pending foreclosure or trustee sale.

(e)  Entry of Order.  If an objection to the motion or stipulation is not timely filed and served, the movant may file a certificate of service and of no objection and lodge an order granting the relief requested.  The caption must contain a brief description of the property.

(f)  Objection.  An objection to the motion or stipulation for relief must be supported by specific facts and legible copies of all documents that the objecting party contends establish adequate protection or equity in the property, including appraisals or summaries, currently in the objector’s possession or control that will be relied on at the final hearing.

(g)  Objection Procedure.

(1)  If an objection is timely filed and served, the movant must request a preliminary hearing, serve notice on the objector and file a certificate of service.

(2)  Relief may be granted or denied at the preliminary hearing if the parties’ affidavits, declarations and supporting documentation fail to establish the existence of a material issue of fact that requires an evidentiary hearing.

(3)  If the movant obtains a hearing date that is more than thirty (30) days after making the request for relief, the movant will be deemed to have waived its rights under 11 U.S.C. § 362(e) until the conclusion of the preliminary hearing.

Notes 2022:  Rule amended to remove former subsection (b) requiring a residential property pre-filing certification. New section (g)(3) provides that a movant who obtains a hearing date more than 30 days after seeking stay relief will be deemed to have waived its rights under 11 U.S.C. § 362(e) until the conclusion of the preliminary hearing.