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RULE 4001-2. SECTIONS 362(C)(3), 362(C)(4), AND 521(A)(6), AUTOMATIC STAY EXTENSIONS AND TERMINATIONS

Chapter: 
PART IV. THE DEBTOR - DUTIES AND BENEFITS

A.      General.  Proceedings filed pursuant to 11 U.S.C. §§ 362(c)(3), 362(c)(4), and 521(a)(6) 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.

B.      Hearing.  Upon the filing of the motion, 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)(1) 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.

C.       Notice.  The moving party shall serve notice of the motion in the manner prescribed in Fed. R. Bankr. P. 7004 upon the debtor and the debtor’s attorney, if any, and all parties in interest, including, but not limited to, 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 resistance deadline.

           If no timely resistance is filed, the Court may rule on the motion 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 participate in the hearing.  If the movant requires an earlier hearing date, the movant must file a separate Motion for Expedited Hearing containing the specific date on which the 30-day period expires.

D.      Evidentiary Materials.  Exhibits and evidence for hearings shall be filed with the Clerk in accordance with the requirements of Neb. R. Bankr. P. 9017-1 .