AUTOMATIC STAY - CO-DEBTOR RELIEF FROM
- 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:
- as between the debtor and the individual protected under 11 U.S.C. § 1301(a), such individual received the consideration for the claim held by the movant;
- the plan filed by the debtor proposes not to pay such claim; or
- the movant’s interest would be irreparably harmed by continuation of such stay.
- An affidavit showing such facts as may be necessary to demonstrate the movant’s right to relief from stay.
- 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 only stylistic changes. The format of subdivisions is changed to maintain a consistent style across all rules.