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Judge's Court Announcements

Wednesday, September 17, 2014


Local Rule 4001-1 requires that motions for relief from the automatic stay include:

a. documents evidencing the debtor's obligation to the mover, including without limitation notes and assignments;
b. an affidavit or declaration under penalty of perjury that the mover is entitled to enforce the obligation; and
c. documents evidencing the date and method of perfection of the mover's lien under applicable law, including without limitation mortgages bearing evidence of recordation, vehicle certificates of title, or other documents sufficient to establish the existence of the mover’s lien.
d. Recitation of recordation information alone is not sufficient.

The court reviews stay relief motions to prepare for hearings once the deadline for objections to the motions has passed and checks for compliance with Rule 4001-1. If the required supporting documentation is missing, the motion is scheduled for oral argument. Filing missing documentation after the court has reviewed the motions (and usually after the docket has been finalized) or presenting it at the hearing, even when the hearings are continued to allow the mover to supplement the record, delays the progress of motion days.

Please review stay relief motions before filing to ensure that they include everything Local Rule 4001-1 requires. The court will begin denying stay relief motions without a hearing for failure to comply with the local rule if the supporting documents are not in the case record by the deadline for objections.