4001-3. MOTIONS FOR ORDERS CONFIRMING NO STAY IS IN EFFECT

4001-3. Motions for Orders Confirming That No Stay Is In Effect.

(a) Motion Required. Any party in interest seeking an order confirming under 11 U.S.C. § 362(c)(4)(A)(ii) that no stay is in effect must file a motion in accordance with Bankruptcy Rule 9013, thus initiating a contested matter under Bankruptcy Rule 9014.

(b) Service. Service shall be on the debtor, debtor’s counsel, the United States Trustee, any trustee appointed in the case, any party who has requested notice pursuant to Bankruptcy Rule 2002(i), and in Chapter 11, the non-insider creditors that hold the 20 largest unsecured claims or the creditors' committee, if one has been appointed.

(c) Procedure. A motion under this rule shall be governed by B.L.R. 9014-1.

(d) Applicability. This rule shall apply only to cases filed on or after October 17, 2005.


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