Judge Rasure's Policy Regarding Continuances of Hearings on Motions for Relief from the Automatic Stay

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A request for a continuance of a hearing on a motion for relief from the automatic stay shall comply with Local Rule 9006-1(B). A request by the movant, or a joint request, shall contain a statement that the movant waives the 30-day period described in Section 362(e) of the Bankruptcy Code and a stipulation that the automatic stay should continue in effect pending the conclusion of the continued hearing.

A request to treat a hearing on a motion for relief from the automatic stay as a “preliminary hearing” will not be granted unless the movant stipulates or the court concludes that “there is a reasonable likelihood that the party opposing relief from such stay will prevail at the conclusion of such final hearing.” 11 U.S.C. § 362(e).

 

4321 (10/07)