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

(a)   Relief from Stay or Co-Debtor Stay

(1)     Contents of Motion

A motion for relief from the automatic stay under 11 U.S.C. § 362(a), for adequate protection under 11 U.S.C. § 361, or relief from the stay as to a co-debtor under 11 U.S.C. §1301(a) shall include the following if 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;

B-4002-1. THE DEBTOR’S DUTIES

(a)   Notice to Other Tribunals

(1)      Notice in Matters Pending at Time Bankruptcy Case Filed

Upon the entry of an order for relief in the bankruptcy case, the Debtor shall file written notice in any action in which the Debtor is a party that is pending in another tribunal.  That notice shall contain:

(A)     the caption and case number of the non-bankruptcy action;

(B)     the name and case number of the bankruptcy case; and

B-4004-3. OBTAINING DISCHARGE AFTER CASE CLOSED FOR FAILURE TO FILE CERTIFICATE OF DEBTOR EDUCATION

A Debtor may file a motion to reopen a case to obtain a discharge after entry of an Order of No Discharge where the discharge was not entered because the Debtor failed to file a Certificate of Debtor Education under Fed.R.Bankr.P. 1007(b)(7) and (c)(4). The Debtor shall pay the fee due to reopen the case and, contemporaneously with the Motion to Reopen, file the required Certificate of Debtor Education.

 

 

B-5011-1. WITHDRAWAL OF REFERENCE

(a)   Place of Filing

A motion for withdrawal of a case or proceeding shall be filed in the Bankruptcy Court.

(b)   Recommendation by Bankruptcy Court

The Bankruptcy Court may recommend to the District Court that a case or proceeding be withdrawn under 28 U.S.C. §157(d). Any such recommendation shall be served on the parties to the case or proceeding.

B-7001-2. COMPLAINTS TO OBTAIN APPROVAL OF SALE OF CO-OWNED PROPERTY

(a)   Adversary Required

A sale of property co-owned by an entity other than the Debtor requires an adversary proceeding, unless excused by subparagraph (d) of this rule.

(b)   Relief Requested

A complaint filed under Fed.R.Bankr.P. 7001(c) and 11 U.S.C. §363(h) shall request only the authority to sell property co-owned by the estate and another entity. The complaint shall not seek approval of any terms of sale.

B-8009-1. RECORD ON APPEAL

(a)   Designation of Record

The party filing the designation of items to be included in the record on appeal shall list the items with the Court’s document numbers and document title as displayed on the docket. A marked-up copy of the docket or any portion thereof will not be accepted as a proper designation.

B-9033-1. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ISSUE BY BANKRUPTCY COURT

An objection to the proposed findings of fact and conclusions of law issued by a Bankruptcy Judge shall be filed with the Clerk in accordance with Fed.R.Bankr.P. 9033(b). When a party has properly objected under Fed.R.Bankr.P. 9033(b), for the purpose of preparing the record and identifying the issues for the District Court, the parties shall follow the procedures set forth within Fed.R.Bankr.P. 8009 by treating an objection as an appeal. In the event no objection is filed within the time specified in Fed.R.Bankr.P.

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