Bankruptcy

"In additional to the requirements for a motion for relief from the automatic stay set forth in the Bankruptcy Code, Local Bankruptcy Rule 4001.2 sets forth additional requirements for motions for relief from the automatic stay filed in the United States Bankruptcy Court, District of Idaho. Local Rule 4001.2 sets forth information that must be included in the motion and provides that any party in interest opposing the motion must file and serve an objection to the motion no later than seventeen days after the date of service of the motion. The objection shall set forth the basis for the objection and contain a notice of hearing and proof of service. Absent the filing of a timely objection, the movant may submit a proposed order and the court may grant the relief sought without a hearing.

In the motion, the movant must include a notice of the requirements for a proper objection, service of the objection, and the scheduling of the hearing for the objection. Any motion, objection, or other pleading shall include the appropriate proof of service. Local Rule 4001.2 does not require an affidavit to support the factual issues presented in the motion and objection. The current practice allows representation of counsel to support the facts set forth in the motion and objection, but factual detail in such representation is mandated. The failure of counsel to adhere to that standard may lead to sanctions under Local Rule 4001.2. See Local Bankrupcy Code."