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Bankr. S.D. Fla. Local Rule 4001-3 — Relief from the Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Using Cash Collateral; Obtaining Credit; Various Agreements – Termination or Absence of the Automatic Stay: the court's own rule, verbatim from Amended and Restated Local Rules of Practice and Procedure for the United States Bankruptcy Court for the Southern District of Florida (Effective June 1, 2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Southern District of Florida alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.
(a) Motion for Order Confirming Termination of the Automatic Stay Under § 362(c)(3). After expiration of the 30-day period set forth in § 362(c)(3), a party may move under § 362(j) for entry of an order confirming that the automatic stay has been terminated. The motion may be considered without a hearing under Local Rule 9013-2 if it: (1) sets forth the facts establishing that § 362(c)(3) applies to the debtor; (2) certifies that no order under § 362(c)(3)(B) has been entered continuing the automatic stay; and (3) attaches a proposed order with proposed findings of fact based on (1) and (2). (b) Motion for Order Confirming Automatic Stay is Not in Effect Under § 362(c)(4)(A). A party may move under § 362(c)(4)(A)(ii) for entry of an order confirming that no stay is in effect. The motion may be considered without a hearing under Local Rule 9013-2 if it: (1) sets forth the facts establishing that § 362(c)(4) applies to the debtor; (2) certifies that no order under § 362(c)(4)(B) imposing the automatic stay has been entered; and (3) attaches a proposed order with proposed findings of fact based on (1) and (2). (c) Motion for Order Confirming Termination of Automatic Stay in a Confirmed Chapter 13 Case. If a confirmed chapter 13 plan does not provide for payments to a secured creditor, provides for surrender of the property secured by the secured creditor’s claim, or provides for direct payment of the secured creditor’s claim outside of the plan, the secured creditor may – any time after confirmation of the plan – move for entry of an order confirming that the automatic stay has been terminated. The motion may be considered without a hearing under Local Rule 9013-2 if it: (1) certifies that the debtor’s confirmed chapter 13 plan does not provide for payments to a secured creditor, provides for surrender of the property secured by the secured creditor’s claim, or provides for direct payment of the secured creditor’s claim outside of the plan; and (2) attaches a proposed order with proposed findings of fact based on (1). (d) Motion for Order Confirming Termination of Automatic Stay Under § 521(a)(6). If an individual debtor in a chapter 7 case fails to enter into an agreement with a secured creditor under § 524(c) or redeem personal property from a security interest under § 722 within the 45-day period set forth in § 521(a)(6), the secured creditor may – any time after expiration of the 45-day period – move for entry of an order confirming that the automatic stay has been terminated. The motion may be served on negative notice under Local Rule 9013-3 and must: (1) set forth the facts establishing that the debtor failed to enter into an agreement with the secured creditor under § 524(c) or redeem personal property from the secured creditor’s security interest under § 722 within the 45-day period set forth in § 521(a)(6); (2) certify that the trustee has not filed a motion before the expiration of the 45-day period seeking a determination that the personal property is of consequential value or benefit to the estate; and (3) attach a proposed order with proposed findings of fact based on (1) and (2).
(a) Motion for Order Confirming Termination of the Automatic Stay Under § 362(c)(3). After expiration of the 30-day period set forth in § 362(c)(3), a party may move under § 362(j) for entry of an order confirming that the automatic stay has been terminated. The motion may be con