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Automatic Stay:  § 362:  Loan Modification: Confirm it Does Not Violate Stay

4001-1(h): Automatic Stay:  § 362:  Loan Modification: Confirm it Does Not Violate Stay

LBR 4001-1(h) provides the procedure to follow when a lender and the debtor wish to have discussions about modifying a loan, and request that the court enter an order that having loan discussions will not violate the stay of 11 U.S.C. 362.

  • An application is required -- the court provides a form application.  See link below.
  • A hearing is not required.
  • The parties must file a Notice of Motion for Order Without Hearing under LBR 9013-1(p).  The court provides a form notice..  See link below. 
Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
4001-1(h)