(a) If collateral securing a claim or property that is the subject of a lease is an over-the-road vehicle (such as an automobile, motorcycle, or trailer), a boat, or an airplane (such collateral or property, a “Vehicle”), and if the Vehicle is not insured with collision and comprehensive insurance as required by the related security instrument, loan documents or lease (“Insurance”), then the holder of such secured claim or lessor (as the case may be) may file a motion for ex parte relief from the stay of 11 U.S.C. § 362(a) pursuant to 11 U.S.C. § 362(f) to obtain possession of the Vehicle.
(b) A motion for ex parte relief from the stay under this rule must be a Verified Paper and must:
(1) Include:
(A) a description of the Vehicle;
(B) a statement of (i) the amount of the claim and the basis on which the claim is secured (if a secured claim) or (ii) the amount past due on the lease;
(C) a statement of the basis on which the movant believes that Insurance on the Vehicle does not exist; and
(D) a statement that the movant or its attorney has given or attempted to give notice by telephone or electronic mail to the debtor's attorney (or to the debtor, if the debtor is not represented by counsel), that the motion will be filed due to the lack of Insurance;
(2) Be accompanied by a proposed order that must provide:
(A) The debtor or trustee, whoever is in actual physical possession of the Vehicle, is prohibited from using the Vehicle unless and until adequate evidence of Insurance is presented to the movant;
(B) The debtor or trustee, whoever is in actual physical possession of the Vehicle, must notify the movant of the location of the Vehicle;
(C) The debtor or trustee, whoever is in actual physical possession of the Vehicle, must surrender it to the movant within seventy-two hours of the entry of the order, unless within that time either: (i) the movant is provided with adequate evidence of Insurance; or (ii) the debtor or trustee requests a hearing concerning same;
(D) If the debtor or trustee, whoever is in actual physical possession of the collateral or leased property, fails to surrender the Vehicle, provide adequate evidence of Insurance, or request a hearing, within seventy-two hours of the entry of the order, the movant is authorized to take physical possession of the Vehicle to the extent it is permitted by its agreements with the debtor and applicable nonbankruptcy law, and to hold same, provided that (i) the movant may not dispose of the Vehicle unless and until the automatic stay is modified or terminated or expires as a matter of law, and (ii) if the debtor or trustee provides adequate evidence of Insurance prior to the expiration or termination of the automatic stay, then the movant must return the Vehicle to the debtor or trustee; and
(E) Upon entry of the order, the movant or its attorney must serve copies of the motion and order promptly on the debtor, the debtor's attorney, and the trustee, and must provide notice by telephone or electronic mail of entry of the order to the debtor's attorney (or to the debtor if the debtor is not represented by counsel), and the trustee, if the trustee is in actual physical possession of the property.
(F) If the debtor has given a party other than the trustee actual, physical possession of the Vehicle, the Vehicle will be treated as being in the actual, physical possession of the debtor for the purposes of the order.
(c) This relief does not limit the availability of ex parte relief from the stay in accordance with the requirements of Bankruptcy Rule 4001(a)(2).