BANKRUPTCY RULE 4001-2

MOTIONS FOR RELIEF FROM STAY TO ENFORCE A

DEBT SECURED BY PROPERTY OF THE ESTATE

 

(A)    Required Information

In all motions under § 362 seeking relief to enforce a debt secured by property of the estate, the moving party shall provide the following information:

(1)           evidence that the moving party has standing to bring the motion, including, at a minimum:

(a)            a copy of the note;

(b)            a copy of the mortgage or security agreement;

(c)            evidence of perfection; and

(d)            evidence that the moving party holds the right to enforce the security interest and bring the motion, e.g., the moving party is the original mortgagee or a valid transferee;

(2)           a description of the property;

(3)           the moving party's estimated current market value of the property; and

(4)           a loan history indicating the dates and sums of missed payments and all advances made to or charges of any kind made against the debtor beginning on the date of the default applicable to this motion and ending on the date the motion is verified.

(B)    Agreements Regarding Relief from Stay Motions

If the parties reach an agreement allowing a debtor additional time to cure a default on a promissory note, mortgage or security agreement, the parties shall use the following noncompliance procedure:

(1)           In the event the debtor fails to comply with the terms and conditions in the agreement, the moving party shall provide written notice to the debtor and debtor's counsel of the default.

(2)           The debtor shall have a period of time, determined by the parties' agreement, to cure the default.

(3)           If the debtor fails to cure the default, the moving party may file an affidavit of noncompliance and submit a proposed order granting the relief the moving party seeks.

As provided in Fed. R. Bankr. P. 4001(d)(4), a stipulation arising from a contested motion made pursuant to Fed. R. Bankr. P. 4001(a), (b) or (c) may be approved without further notice if notice of the original motion was provided in compliance with D.N.D. Bankr. L.R. 2002-1.