Judge Waites receives a large volume of settlement orders and other § 362 orders as a result of his assignment of Chapter 13 cases with three Chapter 13 Trustees. In order to maintain efficiency in the review and processing of these orders, Judge Waites has developed standard forms for use in his Chapter 13 cases. Effective March 1, 2014, the use of the following form orders relating to motions for relief from the automatic stay will allow for expedited consideration without a hearing:
1. Settlement order for a motion for relief from stay based upon a post petition default in payment pursuant to a plan in a Chapter 13 case. See Exhibit A.
2. Settlement order granting relief from the automatic stay to continue or pursue an action in family court. See Exhibit B.
3. Default order granting motion for relief from stay in Chapter 13 case. See Exhibit C.
Parties may include non-standard language on the form Settlement Order in the section provided or they may draft a settlement order containing non-standard language. Beginning March 1, 2014, a hearing may be required for approval of any settlement order containing non-standard language.
Comments regarding the proposed forms may be submitted to Sarah_Kistler@scb.uscourts.gov on or before February 20, 2014. Any changes to the proposed forms as a result of comments received will be posted on the Court’s website prior to March 1, 2014.