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MOTIONS FOR RELIEF FROM STAY
(1)
Required Format and Information. Motions for relief from the automatic stay shall conform with the Local Bankruptcy Rules forms and shall comply with Local Bankruptcy Rule 9013-1.
- (2)
- Default Motions.
- (A)
- Preconfirmation Default. A motion for relief from stay based solely upon a preconfirmation payment default is premature until a late charge has accrued under the contract on the postpetition obligation that the creditor seeks to enforce. If no late charge is provided, the motion may be brought 10 days after the postpetition payment is due. A motion for relief from stay based on other grounds may be brought at any time.
- (B)
- Postconfirmation Default. A motion for relief from stay based solely on postconfirmation payment default is premature until a late charge has accrued under the contract on the obligation that the creditor seeks to enforce. If no late charge is provided, the motion may be brought 10 days after payment is due.
(3)
Stipulations. A stipulation for relief from stay or to modify the stay does not require the consent or signature of the chapter 13 trustee.
(4)
Payments After Relief From Stay. If an order for relief from stay is granted, unless otherwise specified in the order, the chapter 13 trustee is relieved from making any further payments to the secured creditor that obtained such relief. The secured portion of that creditor’s claim is deemed withdrawn upon entry of the order for relief, without prejudice to filing an amended unsecured claim for a deficiency when appropriate. The secured creditor that obtains relief from stay shall return to the chapter 13 trustee any payments the creditor receives from the chapter 13 trustee after entry of the order unless the stipulation or order provides otherwise.
(5)
Shortened Notice Hearing. A hearing on a motion for relief from stay on shortened notice, pursuant to Local Bankruptcy Rule 9075-1(b), may be sought for cause.
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