§362(j), §362(c)(4)(A)(ii) Procedure - Comfort Orders

Parties who wish to obtain a "Comfort Order" from the Court pursuant to 11 U.S.C. §362(j) or §362(c)(4)(A)(ii) should prepare an Application on notice to the debtor, debtor's attorney, case trustee and United States Trustee.

The Application should be accompanied by a certificate of service verifying that the appropriate parties were served and indicating that an Order will be signed on a date ten (10) days later in the absence of meaningful opposition.

To file this Application with the Court, the proper event may be found under Bankruptcy> Motions/Applications> Confirm Termination or Absence of Stay. In the event of meaningful opposition, the Application will be reviewed by the Judge who may direct the movant or Clerk to set the matter for a hearing at a later date.

The payment of a filing fee is not required inasmuch as stay relief is not being sought.

Page Modified on January 22, 2008 1:42 pm