Any Motion for Relief from the Automatic Stay shall be filed with a copy of the proof of claim and specify whether the movant seeks to terminate, annul, modify, or condition the stay.

b.  Service  

c.  Requirements for Motion

Except as provided in L.B.R. 8.2(e)(1) and (2), a Motion for Relief from the Automatic Stay shall be filed separately and not combined in the same motion with any other requests for relief.

In a Chapter 7 case, if no response to the stay motion is filed within fifteen (15) days, the relief requested will be granted. 

e.  Hearing for Good Cause in Chapter 7 Case 

In a Chapter 7 case, if good cause for a hearing is stated in the response and is filed within fifteen (15) days of the date of service of the stay motion, a hearing will be scheduled within thirty (30) days of the date of filing of the motion. Additional time to obtain reaffirmation agreements does not constitute good cause.

1.  Upon filing a motion to terminate or modify the stay, the clerk will set a hearing no earlier than twenty (20) and no later than thirty (30) days from the date filed.

2.  All motions to terminate or modify the stay that involve real property mortgage arrearages must include a payment history in a format similar to Local Form A. The payment history will begin from the later of either - the filing of the petition - or - the month the arrearage started.  The following must be included:

A.  the month the first delinquent payment was due;
B.  whether any payments were paid subsequent to the date of the first default and how the payment was applied;
C.  the amount of the payment; and 
D.  at a minimum, the payment history shall cover the twelve (12) month period immediately preceding the date of the motion filed.

3.  Failure to include the payment history will result in the motion being overruled.

4.  The debtor will have fifteen (15) days to respond to the motion. Any response that contests the amount of arrearage must contain a payment history in a format similar to Local Form A. The payment history shall contain:

A.  the date the payment was tendered;
B.  the amount of the payment;
C.  the check or money order number;
D.  the month(s) the payment was intended to cover; and
E.  copies of the checks or money order receipts or a statement as to why those checks or receipts are not available and when they can be furnished.

a.  Notice of Abandonment Contained in 341 Meeting Notice 

When the above two conditions are not met and a creditor wishes to move for abandonment of property, these procedures shall be followed:

1.  Service.  A motion for a proposed abandonment by a party in interest shall be served on:

A.  the trustee,
B.  the debtor,
C.  debtor's attorney,
D.  the debtor-in-possession and debtor-in-possession's attorney,
E.  members of any creditor's committee and its attorney,
F.  any person or entity claiming an interest in or lien against the property to be abandoned; and
G.  any creditor requesting specific notice of proposed abandonments.

2.  A motion for proposed abandonment shall contain:

A.  security interest information formatted to similar to Local Form E;
B.  a certificate of notice for filing objections; and 
C.  a copy of the proof of claim.

3.  Where the trustee or debtor-in-possession proposed abandonment of property at the request of a party in interest, such party shall give notice as required.

1.  be in writing; and 
2.  filed at least ten (10) days before the scheduled hearing date.

b.  Each motion must contain an affidavit specifying the reason for the continuance.

c.  If the motion is to reschedule a Section 341 meeting where the debtor failed to appear, an affidavit signed by the debtor must be filed with the motion.

a.  The moving party of a Motion for Expedited Relief or a Motion for an Emergency Hearing must:
1.  call the Clerk of Court, Chief Deputy or Operations Manager and notify the Court that a motion, pleading or other matter requires immediate attention; and
2.  include in the heading of the motion one of these two phrases - "EMERGENCY MOTION TO ..." or "REQUEST FOR EXPEDITED HEARING."

b.   Upon receipt of the motion, the Clerk's office will bring the motion, pleading or other matter to the attention of the Court as soon after it is filed as is practicable.

c.   When a hearing is set or relief granted, the parties will be notified by telephone of the hearing time and date or of the relief ordered.

d.  All inquiries regarding these motions should be directed to the Clerk of Court, Chief Deputy, Operations Manager, or Courtroom Services Team Leader.