RULE 4001-1.4     AUTOMATIC STAY - CHAPTER 7 AND 13 - OPPOSED MOTIONS AND STIPULATED STAY RELIEF; CHAPTER 11; COMMENCEMENT OF 30-DAY PERIOD AND OBJECTIONS

(a)        Opposed Motions - Chapters 7 and 13.  A party filing a stay motion in a case under chapter 7 or chapter 13 shall in good faith attempt to ascertain prior to the filing of the motion whether it is opposed by the debtor or the case trustee.  If a stay motion is opposed or the movant is unable to determine whether it is opposed after a good faith attempt, the motion shall recite that fact.  The movant may then send notice of objection deadline or notice of hearing with no objection deadline, depending on which procedure the assigned judge permits, as follows:

 (1)        Notice of Deadline for Filing Objections.  The movant shall file and serve a notice of the motion which identifies the motion, sets forth the time for filing an objection, and, unless the motion is served with the notice, adequately describes the relief sought and provides any other information necessary to give adequate notice. The notice shall also state that if no objections are timely filed, the court may grant the relief requested without further notice or a hearing. If no objection is timely filed, the movant shall promptly submit to the court a proposed form of order, reciting the notice given and the date of expiration of the time to object, in lieu of the default procedure set forth in Fed. R. Bankr. P. 7055. Unless otherwise provided by the Federal Rules of Bankruptcy Procedure or these rules or unless extended or shortened by order of the court, the time for filing an objection shall be 21 days from service of the notice; and, either

 (A)       Obtain a Hearing After Objections are Filed.  If an objection is timely filed, the movant shall contact the courtroom deputy for the assigned judge to request a hearing. The movant thereafter shall promptly file and serve notice of the hearing; or

 (B)       Obtain a Hearing Before Service of the Notice.  Movant may obtain a hearing prior to service of the notice of deadline for filing objections set forth in subsection (d)(1) of this rule, such that the notice of hearing is included in the notice of deadline for filing objections.

 (2)        Notice of Hearing With No Objection Deadline.  Movant may obtain a hearing on the motion without service of a notice of deadline for filing objections by contacting the courtroom deputy for the assigned judge to request a hearing date for a preliminary or final hearing, or both, and file and serve notice of the hearing(s) with the motion as directed by the assigned judge.

 (b)       Stipulated Stay Relief in Chapter 7 and Chapter 13 Cases.  In a case under chapter 7 or chapter 13, if the debtor, case trustee, and movant claiming an interest in the collateral agree, the court may enter a stipulated order granting relief from the stay submitted without a motion.

 (c)        Chapter 11.  A party filing a stay motion in a case under chapter 11 shall in good faith attempt to ascertain prior to the filing of the motion whether it is opposed by the debtor or any trustee appointed in the case. 

(1)        If a stay motion is opposed by the debtor or any trustee appointed in the case or the movant is unable to determine whether it is opposed after a good faith attempt, the motion shall recite that fact.  Unless a motion for approval of the agreement is required by Fed. R. Bankr. P. 4001(d), prior to filing the motion the movant shall contact the courtroom deputy for the assigned judge to request a preliminary hearing, or, with the permission of the court, a final hearing.  The movant shall file and serve notice of the motion and the deadline for objections on all parties entitled to notice of the motion in accordance with NM LBR 9013-1.1(c)(1), except the notice shall also contain notice of the preliminary hearing, or, with the permission of the court, a final hearing or both. 

(2)        Unless the court directs otherwise, the movant shall file and serve notice of a motion to approve an agreement under Fed. R. Bankr. P. 4001(d) to any party holding or claiming an interest in cash collateral; the United States trustee; the official committee of unsecured creditors; or if no such committee has been appointed, to the creditors included on the list prepared under Fed. R. Bankr. P. 1007(d); and to counsel who have entered an appearance in the case.

 (d)       Commencement of 30-Day Period.  The 30-day termination provision of 11 U.S.C. section 362(e) shall not commence until notice of the preliminary hearing has been served, or notice of the final hearing if the final hearing is not preceded by a preliminary hearing, so long as the movant is given the opportunity for a preliminary hearing or final hearing to be held within thirty days after service of the notice or within such other time fixed by the court in accordance with 11 U.S.C. section 362(e).

 (e)        Objections.  If a written objection to a stay motion is required, any party objecting to a stay motion shall file an objection in the form for answering pleadings required by Fed. R. Civ. Proc. 8(b).