IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
|DO NOT PUBLISH
This case disposition has no value as precedent and is not intended for publication. Any publication, either in print or electronically, is contrary to the intent and wishes of the court.
GLENWOOD CONSTRUCTION, INC., No. 95-12714
In the above Chapter 11 case, Wells Fargo Bank holds security interests in two 1993 Chevrolet
Blazers. The debtor stipulated to relief from the automatic stay as to both vehicles. Counsel for
Wells Fargo then prepared two separate stipulations and filed them separately, causing duplicate
docketing and incurring two filing fees. He noticed the stipulations to creditors, and then
submitted two separate orders for signature along with a total of 71(!) envelopes for service of
the order. This is a bit much for two three-year-old Chevy Blazers.
First of all, there is no requirement that separate motions for relief from the stay be filed for
each vehicle. The court has polled all of the judges in this district and judges from each of the
three other divisions have confirmed that they have no such requirement. Filing separate motions
is a waste of clerk time and creditor money.
Secondly, Local Rule 9022-1(b) clearly defines those persons for whom envelopes should be
submitted. In this case, no envelope is necessary for the debtor because it stipulated in writing
(L.R. 9022-1(b)(i). No envelopes are necessary for the creditors because they did not object,
request a hearing, or appear (L.R. 9022-1(b), last sentence). Only envelopes for the creditor's
counsel and the U.S. Trustee were appropriate. The court has consigned the 71 envelopes to
the recycling bin, in the hope that they will return some day as something useful. In the
meantime, counsel is requested to submit new orders with the proper number of envelopes and
refrain from filing separate motions except when absolutely necessary to avoid confusion.
Dated: March 13, 1996 _______________________