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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 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)     Waiver of 30-Day Hearing Requirement

The motion may include a waiver of the 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 30-day hearing requirement.

(3)     Notice and Disposition

(A)     Chapters 7, 12, and 13

Except in Chapter 11 cases, the movant shall:

(i)     distribute a 14-day Notice of the motion to the Debtor, parties that have entered an appearance, a trustee, the UST, and a co-debtor in a Chapter 12 or 13 case, except as otherwise provided by S.D.Ind. B-2002-1(c);

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

(iii)   file a copy of the motion and a Certificate of Service.

If no proper response to the motion is filed, the Court may grant relief from the stay without further notice or hearing. At a hearing on the motion the Debtor or objecting party has the burden of establishing payment(s) 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 shall:

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

(ii)    distribute the notice to the Debtor, parties that have entered an appearance, a creditors’ committee or if no committee has been appointed, the twenty largest unsecured creditors, a trustee, and the UST;

(iii)   if the motion also seeks abandonment, distribute the notice to all creditors and parties in interest; and

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

(2)     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 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 on or before the hearing date.

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