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RULE 4001-4

AUTOMATIC STAY - CO-DEBTOR RELIEF FROM

  1. The movant shall file with the motion the following as appropriate in the circumstances:
    1. An affidavit of indebtedness;
    2. Copies of documents, including filing and recording   information necessary to establish:
      1. 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;
      2. the plan filed by the debtor proposes not to pay such claim; or
      3. the movant’s interest would be irreparably harmed by continuation of such stay.
    3. An affidavit showing such facts as may be necessary to demonstrate the movant’s right to relief from stay.
  2. 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
2023 Amendment

The amended rule includes only stylistic changes for purposes of internal consistency and/or to correct grammatical errors.
 

2020 Amendment

The amended rule includes only stylistic changes. The format of subdivisions is changed to maintain a consistent style across all rules.