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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, for adequate protection, or relief from the stay as to a co-debtor under 11 U.S.C. §1301 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; and

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

(2)     30-Day Hearing Requirement

The motion may include a waiver of the 30-day hearing requirement in 11 U.S.C. §362(e), which the movant shall note in the motion’s caption by including the statement “with 30-day waiver.”

(A)     Waiver

A movant that consents to the waiver of the 30-day hearing requirement shall:

(i)     serve a 14-day Objection Notice on the Service List, a trustee, any creditor asserting a lien on the same property, and a co-debtor in a Chapter 12 or 13 case, unless notice has been limited under S.D.Ind. B-2002-1(c) or (d);

(ii)    if the motion also seeks abandonment, distribute the notice to all creditors and parties in interest, unless notice has been limited under S.D.Ind. B-2002-1(c) or (d); and

(iii)   file a Certificate of Service.

The Court may grant relief from the stay without further notice or hearing if no response to the motion is filed. At a 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)     Refusal to Waive

A movant that does not consent to the waiver of the 30-day hearing requirement shall:

(i)     contact the courtroom deputy to obtain a hearing date and to discuss who will prepare and distribute the notice;

(ii)    serve the notice on the Service List, a trustee, any creditor asserting a lien on the same property, and a co-debtor in a Chapter 12 or 13 case, unless notice has been limited under S.D.Ind. B-2002-1(c) or (d);

(iii)   if the motion also seeks abandonment, distribute the notice to all creditors and parties in interest, unless notice has been limited under S.D.Ind. B-2002-1(c) or (d); and

(iv)   file a Certificate of Service prior to the scheduled hearing on the motion.

(3)     Sample Form

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

(b)   Extend or Impose the Stay

 (1)     Motion Filed 10 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 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 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 to Impose the Stay

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

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

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