Excerpts From Local Bankruptcy Rules Specifically Relating To Relief From Stay Motions {CSD 1539}

CSD 1539 (Page 1) [10/01/12] (4) if the basis of the motion is lack of equity or adequate protection, and value is relevant, state by declaration the provable value of the subject property and the amount of any known encumbrances. The declaration shall also contain a statement as to the competency of the declarant and the foundation for any opinion therein; and if the motion is brought for cause, state by declaration or other verified pleading the specific facts that constitute such cause. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA 325 West "F" Street, San Diego, California 92101-6991 EXCERPTS FROM LOCAL BANKRUPCY RULES SPECIFICALLY RELATING TO RELIEF FROM STAY MOTIONS (5) *** RULE 4001. RELIEF FROM AUTOMATIC STAY; JOINDER OF PARTIES IN INTEREST; USE OF CASH COLLATERAL 4001-1. APPLICABILITY OF RULE AND ASSIGNMENT OF IDENTIFICATION NUMBER TO RELIEF FROM STAY MOTIONS. (b) Failure to set forth the information required by this rule may be grounds for denial of the relief requested. (c) The moving party shall serve the motion, together with Local Form CSD 1185, NOTICE OF FILING OF A MOTION FOR RELIEF FROM AUTOMATIC STAY, on the parties named in Local Bankruptcy Rule 4001-2(a)(1) above. In a chapter 11 or 12 case, a copy of the motion shall also be served on the United States Trustee. 4001-3. TIME FOR FILING OBJECTIONS TO MOTION; DUTY OF OBJECTING PARTY TO GIVE NOTICE. (a) APPLICABILITY OF RULE. This rule read in conjunction with Fed. R. Bankr. P. 4001 prescribes procedures for filing motions for relief from the automatic stay pursuant to 11 U.S.C. § 362. This rule does not govern motions for use of cash collateral or to obtain credit. Such motions are governed by Fed. R. Bankr. P. 4001(b), (c) and (d) and Local Bankruptcy Rule 9014. (b) ASSIGNMENT OF IDENTIFICATION NUMBER TO MOTIONS FOR RELIEF FROM STAY. Prior to serving the motion and the notice of motion required by this rule, the moving party shall assign an identification number to the action, inserted two lines below the case number. This number shall appear on all copies of the motion and notice of motion which are served on any party and on all subsequent pleadings relating to the motion. (1) The Relief from Stay Number [designated as "RS No."] shall consist of not more than three initials of the attorney for moving party and the number which is one number higher than the number of relief from stay motions previously filed by said attorney in conjunction with that specific bankruptcy case. [Example: the first R.S. Motion Control Number assigned by Attorney John D. Doe in the "Smith" bankruptcy case would be JDD1, the second JDD2, the third JDD3, and so on.] This numbering sequence would be repeated for each specific bankruptcy case in which said attorney files a relief from stay motion. (a) Objections to a motion for relief from stay, together with Local Form CSD 1186, REQUEST FOR HEARING ON MOTION FOR RELIEF FROM AUTOMATIC STAY AND NOTICE OF HEARING, shall be served upon the movant, named respondents and the United States Trustee within eleven (11) days from the date of service of the motion for relief from stay and notice. The original and two (2) copies of the pleadings shall be filed with the clerk within the same 11-day period. If served by mail, opposing party shall have fourteen (14) days to serve and file such opposition as provided by Fed. R. Bankr. P. 9006(f). If the objection relates to real or personal property, the objection shall substantially conform to Local Form CSD 1161, OPPOSITION TO MOTION FOR RELIEF FROM AUTOMATIC STAY (REAL PROPERTY OR PERSONAL PROPERTY). (b) Prior to serving the objection, it shall be the duty of the objecting party to obtain from the court a date and time for a hearing on the objections. Such information shall be listed on Local Form CSD 1186, REQUEST FOR HEARING ON MOTION FOR RELIEF FROM AUTOMATIC STAY AND NOTICE OF HEARING, and in the caption of the objection. 4001-4. CONTENT OF DECLARATION IN OPPOSITION TO MOTION. (2) 4001-2. CONTENT OF MOTION FOR RELIEF FROM STAY; SERVICE. Any declaration filed in opposition to a motion for relief from stay shall be signed and verified in the manner prescribed by Fed. R. Bankr. P. 9011 and shall: (a) (b) identify the interest of the opposing party in the property; state with particularity the grounds for the opposition; (a) A motion for stay relief shall substantially conform to Local Forms CSD 1160, MOTION FOR RELIEF FROM AUTOMATIC STAY (REAL PROPERTY OR PERSONAL PROPERTY), or CSD 1163, MOTION FOR RELIEF FROM AUTOMATIC STAY (UNLAWFUL DETAINER) and shall: (1) name, as respondents, the debtor, the trustee, and other entities entitled to receive notice of default or notice of sale under applicable non-bankruptcy law governing foreclosure of real or personal property which is the subject of the motion, or the agents for such parties; state with particularity the relief or order sought, and the grounds for such relief or order; state the status of any pending foreclosure or repossession; (c) state the provable value of the property specified in the motion and the amount of equity which would be realized by the debtor after deduction of all encumbrances; and (d) contain a statement as to competence of the declarant and the foundation for any opinion therein. 4001-5. (a) CONTENT OF ORDER. NONCONTESTED MOTION. If no objection to the motion for stay relief is timely filed (2) (3) CSD 1539 American LegalNet, Inc. www.FormsWorkFlow.com CSD 1539 (Page 2) [10/01/12] preparation, submission and approval of findings of fact, conclusions of law, judgments, and orders. 7054-2. DUTY OF PREVAILING PARTY. and served, the moving party may submit to the court an appropriate order which substantially conforms to Local Forms CSD 1162, ORDER ON NONCONTESTED MOTION FOR RELIEF FROM AUTOMATIC STAY (REAL PROPERTY OR PERSONAL PROPERTY), or CSD 1165, ORDER ON NONCONTESTED MOTION FOR RELIEF FROM AUTOMATIC STAY (UNLAWFUL DETAINER). The order shall have attached thereto as Exhibit "A" a file-stamped copy of the notice and proof of service required by Local Bankruptcy Rule 4001-2(c) and shall state: (1) (2) (3) the date the motion was filed; the particularity of the relief to be granted; and, Unless the court directs otherwise, the prevailing party will prepare and submit any judgments or orders and, if required, separate findings of fact and conclusions of law, in the manner provided in Local Bankruptcy Rule 7054-3. The pleadings must also comply with Local Ba