(a)  Automatic Stay Comfort Orders.  A party seeking an order confirming the absence of the automatic stay (a “comfort order”) must file a motion demonstrating its entitlement under the applicable Bankruptcy Code provision and comply with all additional requirements herein.

(b)  Procedures.  All motions filed pursuant to this Rule must be served on the debtor, debtor’s attorney, the trustee, and the United States Trustee.  Parties must file a proposed order in substantial conformity with L.B.F. 4001-5.1.

(c)   Ex Parte Relief.  The Court may act on a request for a comfort order on an ex parte basis, without awaiting the presumptive 14-day notice period set forth in L.B.R. 9013-1(a)(5).

(d)  Motions Pursuant to 11 U.S.C. § 362(b)(22) (confirming absence of automatic stay as to eviction proceedings).  In addition to pleading facts sufficient to satisfy the applicable statutory requirements, movant must attach a copy of the judgment for possession and the debtor’s Official Form 101A, Initial Statement About an Eviction Judgment Against You, if any.  

(e)  Motions Pursuant to 11 U.S.C. § 362(c)(3)(A) (confirming termination of automatic stay due to one prior bankruptcy filing).  A motion under this statute may not be filed earlier than 30 days after the petition date and must include:

(1)  case number of the previous bankruptcy case in which the debtor was a debtor that was pending in the previous one-year period prior to the present case, including the jurisdiction of the court if the previous filing was outside of Colorado;

(2)  date of dismissal of the prior case;

(3)  reasons for dismissal; and

(4)  copy of the order of dismissal. 

(f)    Motions Pursuant to 11 U.S.C. § 362(c)(4)(A)(ii) (confirming absence of stay due to serial bankruptcy filings).  A motion under this statute must include:

(1)  case numbers of all previous bankruptcy cases in which the debtor was a debtor that were pending in the one-year period prior to the present case (the “Prior Cases”), including the jurisdiction of the Court if any of the previous filings were outside of Colorado;

(2)  dates of dismissal of the Prior Cases;

(3)  reasons for dismissal;

(4)  verification that no party in interest has timely requested the imposition of the automatic stay under 11 U.S.C. § 362(c)(4)(B) or that the Court has denied any such request; and

(5)  copy of the order of dismissal entered in each of the Prior Cases.

(g)  Motions Pursuant to 11 U.S.C. § 362(h)(1) (confirming termination the stay for failure to comply with duties under 11 U.S.C. § 521(a)(2) with respect to personal property).  In addition to pleading facts sufficient to satisfy the applicable statutory requirements, the motion must:

(1)  provide a detailed description of the personal property securing the debtor’s obligation to the movant; and

(2)  attach an affidavit of movant or movant’s representative as to whether the debtor failed to timely file, or to perform, a statement of intention filed under 11 U.S.C. § 521(a)(2) with respect to the subject property.

(h)  Motions Pursuant to 11 U.S.C. § 362(h)(2) (determining that property is of consequential value or benefit).  The motion must:

(1)  explain the basis for movant’s belief that the property is of consequential value or benefit to the estate;

(2)  describe what adequate protection is appropriate to protect the creditor’s interest and whether or not the debtor has delivered the collateral to the trustee;

(3)  comply with service and notice requirements of Fed. R. Bankr. P. 7004 and 11 U.S.C. § 342 as to any creditor who holds or asserts an interest in such property of the estate; and

(4)  unless otherwise ordered by the Court, be filed within 30 days after the first date set for the meeting of creditors.