CASB — General Order 166

Source: https://www.casb.uscourts.gov/sites/casb/files/documents/general-orders/GO166.pdf

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA

In ) ) BANKRUPTCY GENERAL ORDER AMENDMENT OF LOCAL ) BANKRUPTCY RULES 4001-2 ) NO. 166 AND 4001-5 ) ) )

IT IS ORDERED that Local Bankruptcy Rules 4001-2 and 4001-5 be amended to read as

follows:

4001-2. CONTENT OF MOTION FOR RELIEF FROM STAY; SERVICE.

(a) A motion for stay relief shall substantially conform to Local Forms CSD 1160, MOTION FOR RELIEF FROM AUTOMATIC STAY (REAL PROPERTY OR PERSONAL PROPERTY), or CSD 1163, MOTION FOR RELIEF FROM AUTOMATIC STAY (UNLAWFUL DETAINER) and shall:

(1) name Name, as respondents, the debtor, the trustee, and
other entities entitled to receive notice of default or
notice of sale under applicable non-bankruptcy law
governing foreclosure of real or personal property
which is the subject of the motion, or the agents for
such parties;.

(2) state State with particularity the relief or order
sought, and the grounds for such relief or order;.

(3) state State the status of any pending foreclosure or
repossession;.

(4) If the motion is filed in a chapter 11 or 13 case and
if non-payment of any post-petition payment is a ground
for relief, provide an accounting of each post-petition
payment received, the amount and date received, and
date posted to the account.

(4 5) if If the basis of the motion is lack of equity or
adequate protection, and value is relevant, state by
declaration the provable value of the subject
property and the amount of any known encumbrances.
The declaration shall also contain a statement as to
the competency of the declarant and the foundation
for any opinion therein; and

(5 6) if the motion is brought for cause, state by declaration or other verified pleading the specific facts that constitute such cause.

(b) Failure to set forth the information required by this rule may be grounds for denial of the relief requested.

(c) The moving party shall serve the motion, together with Local Form CSD 1185, NOTICE OF FILING OF A MOTION FOR RELIEF FROM AUTOMATIC STAY, on the parties named in Local Bankruptcy Rule 4001-2(a)(1) above. In a chapter 11 or 12 case, a copy of the motion shall also be served on the United States Trustee.

4001-5. CONTENT OF ORDER.

(a) NONCONTESTED MOTION. If no objection to the motion for stay relief is timely filed and served, the moving party may submit to the court an appropriate order which substantially conforms to Local Forms CSD 1162, ORDER ON NONCONTESTED MOTION FOR RELIEF FROM AUTOMATIC STAY (REAL PROPERTY OR PERSONAL PROPERTY), or CSD 1165, ORDER ON NONCONTESTED MOTION FOR RELIEF FROM AUTOMATIC STAY (UNLAWFUL DETAINER). The order shall have attached thereto as Exhibit "A" a file-stamped copy of the notice with proof of service required by Local Bankruptcy Rule 4001-2(c) and shall state:

(1) the date the motion was filed;

(2) the particularity of the relief to be granted; and,

(3) if pertaining to foreclosure of real property, provide a full legal description and any street address for the property.

IT IS FURTHER ORDERED that the period of comment shall be now until MAY 6, 2002. The effective date of these rule will be JUNE 6, 2002. Any comments should be submitted to the Clerk of Court at 325 West "F" Street, San Diego, CA 92101-6991. Please note on the envelope: "In re: LOCAL RULES."

DATED: Apr 2 2002

/s/ John J. Hargrove /s/ James W. Meyers JOHN J. HARGROVE JAMES W. MEYERS Chief Judge, U.S. Bankruptcy Court Judge, U.S. Bankruptcy Court

/s/ Louise DeCarl Adler /s/ Peter W. Bowie LOUISE DeCARL ADLER PETER W. BOWIE Judge, U.S. Bankruptcy Court Judge, U.S. Bankruptcy Court

General Order 166 - 2 -