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Debtors Application For Order Confirming That Loan Modification Discussion Will Not Violate Stay Form. This is a California form and can be use in USBC Central Federal.
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Tags: Debtors Application For Order Confirming That Loan Modification Discussion Will Not Violate Stay, F 4001-1.6.DEBTOR.APP, California Federal, USBC Central
Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. &
Email Address
FOR COURT USE ONLY
Attorney for Debtor(s)
Debtor(s) appearing without an attorney
**SELECT DIVISION**
In re:
_
CASE NO.:
CHAPTER: **Select Chapter**
No Hearing Required
Debtor(s).
1. The Debtor requests that the court authorize the Mortgage Creditor, its successors in interest, its servicer, its
beneficiary(ies) and/or its and their attorneys (Authorized Party) to establish contact and otherwise communicate with
the Debtor and/or the Debtor’s attorney, if applicable, regarding the Debtor’s loan to explore the full range of solutions
that may prevent either the loss of property to foreclosure, increased costs to the lender, or both. Potential solutions
may include loan modification, loan refinance, forbearance, short sale, or surrender of the property in full satisfaction
of the debt. Debtor asks the court to authorize direct communication between the Debtor, or the Debtor’s Attorney, if
applicable, and the Authorized Party on the above-mentioned issues. The authorization requested will be valid
notwithstanding the automatic stay provisions of 11 U.S.C. § 362(a), and the Authorized Party will not be held liable
for violations of the stay for communication in furtherance of that purpose during Debtor’s case.
2. Property address: ______________________________________________________________________________
_____________________________________________________________________________________________
This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
June 2011
Page 1
3. Name of Authorized Party with whom Debtor seeks to enter discussions:
________________________________________________________________
Authorized Party is:
Mortgage Creditor
Attorney for Mortgage Creditor
Successor in interest
Attorney for successor in interest
Servicer
Attorney for Servicer
4. Priority of lien:
First trust deed
Second trust deed
Other (specify): ________________________________________________________
5. (Check one box, if applicable):
I am not represented by an attorney in this bankruptcy case.
I am represented by an attorney in this bankruptcy case but have been unable to obtain my attorney’s consent to
communicate with the Authorized Party listed above.
I am represented by an attorney in this bankruptcy case, whose consent appears below.
By:
Date:
Signature of Debtor
Name:
Printed Name of Debtor
I am the attorney in this bankruptcy case. By my signature below I give my full and voluntary consent for the Debtor
to communicate with the Authorized Party listed on this form in furtherance of the
. My signature
below does not confer my sanction of, or in any way obligate me to assist in, any or all agreements the Debtor may or
may not reach with the respect to the Authorized Party.
Date:___________________________
Signature:_______________________________________
(Debtor’s Attorney)
Printed Name:____________________________________
This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
June 2011
Page 2
I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:
A true and correct copy of the foregoing document described as
chambers in the form and manner required by LBR 5005-2(d); and
will be served or was served
in the manner stated below:
on the judge in
: Pursuant to controlling General
Order(s) and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On
______________, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that
the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email address(es) stated
below:
Service information continued on attached page
(state method for each person or entity served):
On ____________________, I served the following person(s) and/or entity(ies) at the last known address(es) in this
bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United
States mail, first class, postage prepaid, and/or with an overnight mail service addressed as follows. Listing the judge here
constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.
Service information continued on attached page
(state method for each person or
entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on ___________________, I served the following
person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method), by
facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on
the judge will be completed no later than 24 hours after the document is filed.
Service information continued on attached page
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
Date:___________________________
Signature:_______________________________________
Printed Name:____________________________________
This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
June 2011
Page 3