Chapter:
Part IV. The Debtor: Duties and Benefits
- Motion. A motion for relief from stay must specifically identify the debtor and any co-debtors, state the basis and the amount of the debt, describe the collateral, and state the collateral’s contended value and the basis for the valuation. A motion for relief may be combined with a motion to compel abandonment or a motion for relief from the co-debtor stay under 11 U.S.C. §§ 1201 or 1301. Notwithstanding 11 U.S.C. §§ 1201(d) or 1301(d), the stay will remain in effect until the court rules on the motion.
- Notice and Service. Local Rule 9013-1(B) does not apply to motions under this Local Rule. The clerk will immediately schedule the hearing and file a notice of hearing. The movant must serve the motion, the notice of hearing, and evidence on the debtor and all parties in interest entitled to notice or who may be affected by the motion. The movant must file a certificate of service at least 5 days before the hearing.