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RULE 4001-1. AUTOMATIC STAY - RELIEF FROM

Chapter: 
PART IV. THE DEBTOR - DUTIES AND BENEFITS

A.      General.  A motion for relief from the automatic stay under 11 U.S.C. § 362 shall bear the caption “Motion for Relief from the Automatic Stay.”  If it is an amended motion, the caption shall bear “Amended Motion for Relief from the Automatic Stay.”  Proceedings for relief from the automatic stay shall conform to the requirements of Fed. R. Bankr. P. 4001(a)(1) as supplemented by this Local Rule.  This procedure is different from, and not governed by, Neb. R. Bankr. P. 9013-1.  Motions for relief from the co-debtor stay pursuant to 11 U.S.C. §§ 1201 or 1301 may be combined with any other motion for relief from the automatic stay.

B.      Co-Debtor Stay.  Motions for relief from the co-debtor stay pursuant to 11 U.S.C. §§ 1201 or 1301 shall proceed in the same manner as a motion for relief from the automatic stay of 11 U.S.C. § 362(a) as set forth in this Rule and (1) shall contain the caption “Motion for Relief from Co-Debtor Stay”; (2) shall specifically identify the co-debtor, the collateral, and/or the amount of the debt; and (3) may be combined with a motion for relief from the automatic stay of 11 U.S.C. § 362(a).  Notwithstanding §§ 1201(d) or 1301(d), the stay shall remain in effect until the Court rules on the motion.

C.      Hearing.  Upon the filing of a motion for relief from the automatic stay, the Clerk shall (1) set a date by which resistances must be filed; (2) schedule the matter for a final hearing to take place within 30 days in conformity with Fed. R. Bankr. P. 4001; and (3) provide notice thereof to the moving party.  The hearing may be treated as a preliminary hearing pursuant to 11 U.S.C. § 362(e) if the Court so elects.  Unless otherwise ordered, the hearing will be upon affidavits or declarations and documentary evidence.  Unless otherwise ordered, oral arguments will be scheduled in the courtroom or by telephone conference.

D.      Notice.  The moving party shall serve notice of the motions for relief from the automatic stay and co-debtor stay in the manner prescribed in Fed. R. Bankr. P. 7004 upon the debtor and the debtor’s attorney, if any, and those parties specifically designated in Fed. R. Bankr. P. 4001(a)(1).  In all cases in which a trustee has been appointed, the trustee or interim trustee shall be named and served as an additional responding party.  The moving party shall immediately serve on all parties in interest the motion, proposed affidavit or declaration evidence or a detailed summary thereof, notice of the hearing date and the specific calendar date by which any resistance with evidentiary summary must be filed and served.  The movant must file with the Court a Certificate of Service at least five days prior to the hearing.  The notice shall state that applies.  If no timely resistance is filed, the Court will rule on the motion for relief from stay without further notice or hearing.  If a timely resistance is filed and served, with evidentiary material or summary, a hearing will take place as scheduled pursuant to this Local Rule, and the moving party and resisting party shall appear at the hearing. 

E.      Relief from Stay - Applicability of Neb. R. Bankr. P. 9013-1.  Motions for relief under 11 U.S.C. § 362(d) filed by a county respecting tax claims, and motions to approve stipulations or agreements which provide for relief from 11 U.S.C. § 362, may proceed under upon notice and opportunity to request hearing.