AUTOMATIC STAY - RELIEF FROM
- Unless otherwise stated in the notice of hearing, a preliminary, non-evidentiary hearing under 11 U.S.C. § 362(e) will be restricted to the pleadings, affidavits, documents of record, and argument.
- The movant shall file with the Motion the following as appropriate in the circumstances:
- An affidavit of indebtedness;
- Copies of documents, including filing and recording information necessary to establish a perfected secured interest;
- An appraisal or other evidence of value together with the qualifications of the appraiser;
- An affidavit showing such facts as may be necessary to demonstrate the movant's right to relief from stay;
- A statement showing the debtor’s payment history.
- Unless the motion has been filed on negative notice with a specified response period, any party opposing the motion shall file an objection within fourteen (14) days after entry of the Court's order and notice of preliminary hearing. All objections shall be accompanied by such appraisals, affidavits and documents as may be necessary to demonstrate the movant is not entitled to relief from the stay. If no objection is filed within the time provided by this rule, the Court may grant the motion without a hearing.
- In final hearings under 11 U.S.C. § 362(e), parties shall present competent evidence admissible under the Federal Rules of Evidence either in support of, or in opposition to, the motion.
- Not less than five (5) days prior to the final hearing, each party shall file with the Court and furnish to all other participating parties a list of the names and addresses of all witnesses (designating expert witnesses as such) and copies of all exhibits that such party intends to introduce at trial.
- A party who intends to introduce the testimony of an expert witness shall make such witness available for deposition upon reasonable notice.
- The moving party may, without leave of Court, take a deposition of the trustee, debtor, and debtor-in-possession fourteen (14) days after the date of service of the motion. Leave of Court must be obtained only if the moving party seeks to take the deposition of the trustee, debtor, or the debtor-in-possession prior to the expiration of fourteen (14) days after the date of service of the motion. Leave of Court is not required if a trustee, debtor, or debtor-in-possession has served a notice of taking deposition or otherwise sought discovery after service of the motion.
- Any party in interest shall be entitled to inspect the property which is the subject of a motion under this rule upon reasonable notice. The notice shall provide for inspection not less than seven (7) days from the date of service of such notice unless the time is shortened or extended by the Court.
- For the purpose of this rule, the time for responding under Bankruptcy Rules 7033, 7034 and 7036, is reduced to twenty-one (21) days unless otherwise directed by the Court.
Advisory Committee Notes
The amended rule includes both stylistic and substantive changes. The format of subdivisions is changed to maintain a consistent style across all rules. Subdivision (C) is amended to adjust the response deadline from fifteen days to fourteen days. Subdivision (E) is amended to adjust the time for providing pre-hearing witness and exhibit lists from fourteen days to five days, consistent with general pre-evidentiary hearing practice in Local Rule 9070-1(C).