RUSS KENDIG, United States Bankruptcy Judge.
Dated at Canton, Ohio this 5th day of October, 2001.
This order changes the administration of motions for relief from stay and/or for abandonment ("motion(s)") filed in the United States Bankruptcy Court for the Northern District of Ohio, Canton Division.
The following procedure applies in administering these motions filed on or after October 15, 2001, arising in chapters 7, 11, 12 and 13 of title 11:
1. The moving party must file and serve the motion with an appropriate Form 20A notice indicating the manner in which objections are to be filed and served and indicating the exact calendar date (month, day, year;
not a generic number of days from receipt or service) by which objections are to be filed and served which is seven (7) days before the date set for hearing, which objection deadline shall be not less than twenty (20) days from mailing. Saturdays and Sundays are to be counted, but mailings may only be made on days the court is scheduled to be open. If a deadline falls on a Saturday, Sunday or federal holiday then the deadline is extended to the next business day. A sample notice of motion (Form 20A) is attached as Exhibit A. A preliminary hearing date is to be reserved and noticed in the body of the 20A form. The available dates may be obtained from the courtroom deputy.
In the future, these dates may be available from the court's website and counsel will be encouraged to use this source. Absent an objection and request for hearing, no hearing will be held and an order may be submitted by the moving party following the expiration of the objection period.
2. Any objecting party must file and serve its objection and request for hearing within the objection period described in paragraph 1. The objection must state the specific grounds for the objection. This administrative order constitutes the court's authority pursuant to FED. R. BANKR. P. 4001(d)(2) for fixing the time in which objections may be filed and served.
3. The judge's courtroom deputy presides over preliminary hearings. Parties need not attend the preliminary hearing as it will function primarily to schedule the final hearing. if parties choose not to attend, they must call the courtroom deputy within two (2) business days before the preliminary hearing to advise the deputy of their absence and to be told the date of the final hearing as the final hearing is announced at the preliminary hearing and no further notice will be given. Unless an expedited hearing is requested, this order constitutes the authority for the final hearing to be conducted beyond the thirty (30) day time period pursuant to
11 U.S.C. § 362.
4. Any interested party may request an expedited hearing from the court or may request a formal preliminary hearing conducted before a bankruptcy judge.
5. The following requirements apply to final hearings on motions for relief from stay in which an evidentiary hearing is held:
A. Not less than ten (10) days prior to the evidentiary hearing, movant must file with the court and serve a brief statement supporting its position, including copies of notices or correspondence relevant to debtor's account, evidence of payments made, evidence of payments or charges applied, and a payment history for debtor's account. The payment history must cover the entire period of the arrearage (i.e. cover the time period from one month before default) or from the date of any other cause supporting the modification or termination of the automatic stay to the date of the filing of the motion. Movant must file and serve a worksheet in the form of that attached as Exhibit B.
B. Debtor must file and serve a statement explaining debtor's position, with a worksheet in the form of that attached as Exhibit C, not less then five (5) days prior to the evidentiary hearing. The statement and worksheet must be faxed or delivered to opposing counsel due to the short time frame.
C. Any other interested party must file and serve a statement explaining its position no later than ten (10) days following the preliminary hearing.
D. Movant may timely request continuance of the final hearing date in the event it is unable to procure the necessary information. Parties and counsel are cautioned as to the requirements of FED. R. BANKR. P. 9011.
6. In chapter 13 matters, parties must serve motions and responses on the chapter 13 trustee. Parties submitting agreed orders in chapter 13 cases, other than agreed orders granting only the relief requested in the motion, must submit the order to the trustee for review and signature prior to submission to the court. In chapter 13 cases involving motions for relief concerning real estate mortgages, where present arrearages exceed the value of two regular monthly payments, the court may condition continuation or reinstatement of the automatic stay upon future payment of the mortgage by the chapter 13 trustee.
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
IN RE: ) CASE NO. 01-00000 ) JOHN DOE and ) CHAPTER ## JANE DOE, )) JUDGE RUSS KENDIG Debtors. )
NOTICE OF MOTION FOR RELIEF FROM STAY [AND ABANDONMENT]
___________________ has filed papers with the court to [relief sought in motion]. The preliminary hearing on this matter, if any is required, is set for [date and time] at the United States Bankruptcy Court, 201 Cleveland Avenue, S.W., Canton, Ohio.
Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one in this bankruptcy case. (If you do not have an attorney, you may wish to consult one.)
If you do not want the court to grant the relief sought in the motion, or if you want the court to consider your views on the motion, then on or before [exact calendar date], you or your attorney must:
File with the court a written request for hearing and a written response setting forth the specific grounds for objection at:
Clerk of Court United States Bankruptcy Court 201 Cleveland Avenue, S.W. Canton, Ohio 44702
If you mail your request and response to the court for filing, you must mail it early enough so the court will receive it before the date stated above.
You must also mail a copy to:
[movant's attorney's name and address]
[names and addresses of others to be served]
If you or your attorney do not take these steps, the court may decide that you do not oppose the relief sought in the motion and may enter an order granting that relief.
Date: ______________________ Signature: ____________________________
Printed Name:
Address:
Phone Number:
Exhibit A-Notice of Motion