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Rule 4001-1. Automatic Stay – Relief, Extension, and Termination

Part IV. The Debtor: Duties and Benefits

           A.         Applicability. If anything in this Local Rule conflicts with Local Rule 9013-1, this Local Rule controls.

           B.         Relief from Co-debtor Stay. A motion for relief from the co-debtor stay under 11 U.S.C. §§ 1201 or 1301 may be combined with, a motion for relief from the automatic stay of 11 U.S.C. § 362(a). Notwithstanding 11 U.S.C. §§ 1201(d) or 1301(d), the stay will remain in effect until the court rules on the motion.

           C.         Contents of 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.

          D.        Clerk’s Hearing Notice. For any motion for relief, the clerk will (1) set a date by which resistances must be filed; (2) schedule the matter for hearing to occur within 30 days under Fed. R. Bankr. P. 4001; and (3) file a notice of hearing stating the specific calendar dates of the hearing and by which any resistance must be filed and served. The court may treat the hearing as a preliminary hearing. Unless otherwise ordered by the court, the hearing will be on affidavits or declarations and documentary evidence. This procedure differs from the procedure under Local Rule 9013-1(B).

           E.         Service. The movant must serve the motion, the notice of hearing, and evidence on the debtor and all parties in interest who may be affected by the motion, including those under Fed. R. Bankr. P. 4001(a)(1). The movant must file a certificate of service at least five days before the hearing.