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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;

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

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

(F)     the name of the co-debtor if the motion seeks relief from the co-debtor stay; and

(G)     the statement in the motion’s caption “with waiver of deadlines” if the filer waives the preliminary and final hearing requirements under 11 U.S.C. § 362(e).

(2)     Notice: Co-Debtor Stay or Waiver of Deadlines

A movant that consents to the waiver of the 11 U.S.C. § 362(e) hearing requirements or that seeks only relief from the co-debtor stay shall:

(A)     serve a 14-day Objection Notice on the Service List, a trustee, any creditor asserting a lien on the same property, parties in interest, and any co-debtor in a Chapter 12 or 13 case.  If the motion also seeks abandonment, additionally distribute the notice to all creditors, unless notice has been limited under S.D. Ind. B-6007-1; and

(B)     file a Certificate of Service.

The motion, notice, and Certificate of Service may be combined into one document, a sample of which is available on the Court’s website.

(3)     Notice: No Waiver of Deadlines

If the movant has not waived the 11 U.S.C. § 362(e) hearing requirements:

(A)     the Court shall, after filing, prepare a notice that sets the objection deadline and the hearing date. The Court may distribute the notice or direct the movant to distribute it; 

(B)     if directed by the Court, the movant shall serve the notice identified in subparagraph (a)(3)(A) of this rule on the Service List, a trustee, any creditor asserting a lien on the same property, parties in interest, and any co-debtor in a Chapter 12 or 13 case. If the motion also seeks abandonment, the movant shall additionally distribute the notice to all creditors, unless notice may be limited under S.D. Ind. B-6007-1(b); and

(C)     the movant shall file a Certificate of Service no later than the objection deadline.

(4)     Resolution of Motion

Unless the notice provides otherwise, the Court may grant relief from the stay, and abandonment if requested, without further notice and may cancel any hearing if no response to the motion is timely filed.  At any hearing on the motion the Debtor or objecting party has the burden of establishing payments alleged to have been made but not set forth in the payment history.

(b)   Extend or Impose the Stay

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

(A)     The Court shall set the motion for hearing, and issue notice of that hearing and the deadline for objections.

(B)     If the Debtor has filed an affidavit with sufficient facts to support the motion and no objection has been filed, 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 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 subparagraph 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 extended or imposed.

(D)     The movant shall file a Certificate of Service on or before the hearing date.

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

(3)     Contents of Motion

 (A)     Motion to Extend or Impose the Stay

A motion to extend or impose the stay shall include, if applicable, the name of a creditor that had filed a Motion for Relief from Stay that was pending at the time of, or was granted within the 60 days prior to, dismissal of the prior case.

 (B)     Motion to Impose the Stay

A motion to impose the automatic stay shall include the following if applicable:

  (i)         if the motion is intended to stop a sheriff’s sale or other involuntary sale of property of the estate, the caption and the case number of the non-bankruptcy action pending in a state court or  other tribunal; and

                                (ii)        the name of and contact information, if available, for the creditors involved in the non-bankruptcy action and their counsel, if any.