Rule 4001-1 Automatic Stay - Relief from.
(a) Order Establishing Response and Hearing Dates. When a motion for relief from the automatic stay is filed, the clerk will provide to the movant an order setting an answer date and a hearing date. Unless service is made electronically through the ECF system, the movant must serve the order upon the persons specified under F.R.B.P. 4001 and L.B.R. 4001-6. In the alternative, a self-scheduled motion for the relief from the automatic stay will proceed as outlined in L.B.R. 9002-1.
(b) Combination of Motions. A motion for relief from the stay may not be combined with a request for any other relief.
(c) Proposed Order. Each motion for relief from the automatic stay must be accompanied by a proposed order granting the relief requested in the motion.
(d) Contents of Motion. The motion seeking relief must state the following:
(1) the location of the property;
(2) the priority of the movant's lien relative to any other liens against the property, if known without further inquiry;
(3) the contract amount of current monthly installments; and
(4) the stage to which debt enforcement or foreclosure actions had progressed when the order for relief was entered.
(e) Debtor’s Principal Residence. If relief is sought for a post-petition default in a chapter 11 or 13 case with respect to property that is a debtor’s principal residence, the movant must file L.B.F. 4001-1, signed by the movant, or an officer or employee of the movant, with the motion.
(f) Concurrence in Motion. The movant must seek the concurrence of the debtor and of the trustee, if one has been appointed in the case. The movant must file a certificate with the motion for relief stating whether concurrence was obtained. If a certificate of concurrence/nonconcurrence is not filed with the motion for relief, the court may deny the motion sua sponte.