Following a period for comment, the Stay Relief Procedures section of Judge Waites’ Chambers Guidelines has now been updated to include new procedures and forms regarding § 362 motions in Chapter 13 cases. The forms should be used for all orders submitted on or after March 10, 2014. The forms have been edited to incorporate comments received and two new forms have been added. The following forms are provided as Exhibits C – G to the Guidelines:
- Order granting relief from stay in Chapter 13 case based upon a failure to object to motion for relief from stay. See Exhibit C.
- 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 D.
- Order granting relief from stay in Chapter 13 case based upon failure to comply with settlement order. See Exhibit E (to be used in connection with Exhibit D).
- Settlement order for a motion for relief from stay based upon a post petition default in payment where equity/value exists above Movant’s lien. See Exhibit F.
- Settlement order granting relief from the automatic stay to continue or pursue an action in family court. See Exhibit G.
Exhibit E is a new form, which should be submitted in cases where the form settlement order in Exhibit D has been entered and the debtor has failed to make payments in accordance with that order. Exhibit F is also a new form, which should be used in instances where the equity/value above the Movant’s lien exceeds $5,000.00. In addition, a new CM/ECF event has been created to be used where the debtor fails to comply with the form settlement order in Exhibit F: Affidavit of Default and Request for Further 362 Hearing (available March 1, 2014).
As indicated in the Judges Corner posting on February 6, 2014, the use of the provided form orders relating to motions for relief from the automatic stay will allow for expedited consideration without a hearing. Parties may include non-standard language on the form Settlement Orders in the section provided or they may draft a settlement order containing non-standard language. Unless otherwise advised, a hearing, attended by counsel for all parties to the settlement, will be required for approval of any non-standard form settlement order or a settlement order containing non-standard language filed or presented to the Court in a Chapter 13 case on or after March 10, 2014.
Judge Waites appreciates your comments and hopes that these forms assist you in your practice.