Citing of FRBP 4001 Stay of an Order Granting Relief from the Automatic Stay
It has come to the Court’s attention that some motions for relief from stay filed with the Court cite Federal Rule of Bankruptcy Procedure (FRBP) 4001(a)(3), Stay of an Order Granting Relief from the Automatic Stay. In its December 1, 2024 rule changes, the Judiciary restyled the rules to make them more easily understood and to make style and terminology consistent throughout the rules. One of the changes that was made was restyling FRBP 4001, which resulted in the renumbering of the rule, causing old subsection (a)(3) to be retitled as subsection (a)(4). No change to the wording of the subsection was made, merely the change of “3” to “4.” Attorneys are asked to review their motions for relief from stay and proposed orders to incorporate the change. If an attorney has filed a motion for relief from stay with the old rule citation, the Court will recognize that the motion refers to the new subsection (a)(4) and the attorney will not be required to amend the motion. If proposed orders with the old subsection can be corrected by the Court, they will be corrected and issued with the new subsection, if approved. If the Court is unable to correct the proposed order, the proposed order will be sent back to the attorney for correction and uploading. While we ask that attorneys move swiftly to correct their motions and orders regarding this issue, the Court will assist attorneys on this issue for one month ending June 5.