B-4001-1. MOTIONS FOR RELIEF FROM STAY AND MOTIONS TO EXTEND OR IMPOSE THE STAY

(a)   Relief from Stay or Co-Debtor Stay

(1)     Contents of Motion

A motion for relief from the automatic stay or relief from the stay as to a co-debtor pursuant to 11 U.S.C. §1301 shall include the following information to the extent applicable:

(A)     a description of the property as to which stay relief is sought;

(B)     the amount of principal and interest due as of the date of the motion;

(C)     documents upon which the movant relies to establish its lien or security interest (or incorporate by reference the movant’s proof of claim if documentation attached);

(D)     evidence of perfection of the movant’s lien or security interest (or incorporate by reference the movant’s proof of claim if documentation attached);

(E)     if the case is pending under Chapter 13 and a post-petition default is alleged, a post-petition payment history; and

(F)     if the motion seeks relief from the co-debtor stay, the name of the co-debtor.

(2)     Sample Form

A sample motion is available on the Court’s website. The motion may be combined with the notice required by subparagraph (a)(4).

(3)     Waiver of Thirty (30) Day Hearing Requirement

The motion may include a waiver of the thirty (30) day hearing requirement in 11 U.S.C. §362(e). The movant shall note that waiver in the motion's caption by including the statement "with 30-day waiver." Selection of the waiver option when filing the motion electronically also results in a waiver of the thirty (30) day hearing requirement in 11 U.S.C. §362(e).

(4)     Notice and Disposition

(A)     Chapters 7, 12, and 13

In cases pending under any chapter except Chapter 11, notice of the motion shall be distributed by the movant to the Debtor, parties that have entered an appearance, any trustee, and the UST, except as otherwise provided by S.D.Ind. B-2002-1(c). In a Chapter 12 or a Chapter 13 case, notice shall also be served on any co-debtor. If the motion also seeks abandonment, notice must be distributed to all creditors and parties in interest. The notice shall allow fourteen (14) days from the date of service to file objections. Along with the notice, the moving party shall file a copy of the motion and a certificate of service that complies with S.D.Ind. B-9013-2. A sample notice is available on the Court’s website. If no proper response to the motion is filed, the Court may grant relief from the stay without further notice or hearing. At any hearing on the motion the Debtor or objecting party has the burden of establishing any payment alleged to have been made but not set forth in the payment history.

(B)     Chapter 11

In cases pending under Chapter 11, unless the Court has previously entered a case management order covering preparation and distribution of notices, movant should contact the courtroom deputy to discuss who will prepare and distribute the notice and determine if a hearing is needed. Hearing date and time will be provided by the courtroom deputy. Notice of the motion shall be distributed to the Debtor, parties that have entered an appearance, any creditors committee or if no committee has been appointed, the twenty largest unsecured creditors, any trustee, and the UST. If the motion also seeks abandonment, notice must be distributed to all creditors and parties in interest. After distribution, the movant shall file a certificate of service that complies with S.D.Ind. B-9013-2. The certificate of service must be  filed prior to any hearing the Court has set on the motion.

(b)   Extend or Impose the Stay

 (1)     Motion Filed Ten (10) Days or Less after Petition Date

(A)     The motion will be set for hearing, and notice of that hearing and the deadline for objections will be issued by the Court.

(B)     If, by the deadline, the Debtor has filed an affidavit with sufficient facts to support the motion and no objection has been filed, then the Court may, in its discretion, rule on the motion without hearing, conduct a telephonic hearing, or make such other arrangements as will be most efficient for the Court and the Debtor, including but not limited to excusing the Debtor from appearing in person.

(2)     Motion Filed More than Ten (10) Days after Petition Date

(A)     Notwithstanding Fed.R.Bankr.P. 9006(a)(1)(c), and as permitted by Fed.R.Bankr.P. 9006(c), a motion to extend or impose the stay shall be subject to this subsection even if the tenth day after the petition date falls on a Saturday, Sunday, or legal holiday.  

(B)      The movant shall contact the courtroom deputy for the Judge assigned to the case and obtain a hearing date.

(C)     The movant shall send notice of the motion and the hearing to those creditors as to whom it is proposed that the stay be imposed or extended.

(D)     The movant shall file a certificate of service that complies with S.D.Ind. B-9013-2 on or before the hearing date.

(E)      Debtor’s attendance at the hearing may be required, even if no objection is filed.