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Debtors Motion For Authority To Sell Real Property Under LBR 3015-1 Form. This is a California form and can be use in USBC Central Federal.
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Tags: Debtors Motion For Authority To Sell Real Property Under LBR 3015-1, F 3015-1.16, California Federal, USBC Central
Attorney or Party Name, Address, Telephone & FAX Numbers, and California State Bar Number
FOR COURT USE ONLY
Attorney for
Pro Se Debtor
CHAPTER 13
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER
In re
DEBTOR’S MOTION FOR
AUTHORITY TO SELL
REAL PROPERTY
UNDER LBR 3015-1 (p)
(No Hearing Required)
Debtor(s).
Debtor moves this Court for an order authorizing the debtor to sell the real property, described below, pursuant to the
terms and conditions described herein.
1. Debtor’s Chapter 13 Plan (the “Plan”) was confirmed on:
2.
____________________________.
Debtor wishes to sell the real property (the “Property”) located at:
_____________________________________________________
_____________________________________________________
The Property is more particularly described in Exhibit “A” attached hereto.
Debtor wishes to modify the Plan for early payment of the Plan as described in the Motion to Modify Plan
submitted by Debtor concurrently with this Motion.
3. The sale price of the Property is $_______________________. The following are all of the encumbrances of record
against the Property:
a) ___________________________________________________________________________________________
b) ___________________________________________________________________________________________
c) ___________________________________________________________________________________________
d) ___________________________________________________________________________________________
e) ___________________________________________________________________________________________
(Add additional page if necessary)
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
December 2009
F 3015-1.16
Debtor’s Motion For Authority to Sell Real Property – Page 2
F 3015-1.16
CHAPTER 13
In re:
Debtor(s).
CASE NUMBER
4.
After payment of the foregoing encumbrances and all costs of sale:
there will remain the approximate sum of $_________________; OR
no proceeds will remain.
5.
(a) The Chapter 13 Trustee is hereby authorized to make demand upon escrow for sufficient funds to pay off
the Plan with a:
100% dividend to unsecured creditors; OR
____% dividend as indicated in the confirmed plan.
After escrow’s payment of the encumbrances listed above, any remaining funds shall be paid directly to debtor.
OR
(b) The Chapter 13 Trustee is hereby authorized to make demand upon escrow for the balance remaining after
escrow’s payment of the encumbrances listed above even though the amount is insufficient to pay off the
Plan. The sale is for the fair market value of the Property.
6. The escrow is being processed by:
Escrow company name: _______________________________________________
Address:
_______________________________________________
_______________________________________________
Telephone:
_______________________________________________
Facsimile:
_______________________________________________
Escrow officer:
_______________________________________________
Escrow number:
_______________________________________________
7. Supporting documents attached to this Motion are:
a) Exhibit “A” – Legal Description with street address
b) Exhibit “B” – Escrow Instructions and Documents
c) Exhibit “C” – Estimated Closing Statement
d) Exhibit “D” – Schedules I and J of the bankruptcy petition
(Note – Debtor must provide a certified copy of the escrow closing statement within 14 days of the close of escrow.)
Dated:__________________________
________________________________________
Attorney for Debtor(s)
I declare under penalty of perjury that the foregoing is true and correct.
Dated:__________________________
________________________________________
Debtor
Dated:__________________________
________________________________________
Joint Debtor
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
December 2009
F 3015-1.16
Motion to Modify Plan or Suspend Plan Payments – Page 3
F 3015-1.16
CHAPTER 13
In re:
Debtor(s).
CASE NUMBER
NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I.
Proposed orders do not generate an NEF because only orders that have been entered are placed on a CM/ECF docket.
PROOF OF SERVICE OF DOCUMENT
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 _____________________________________________
will be served or was served (a) on
the judge in chambers in the form and manner required by LBR 5005-2(d), and (b) in the manner indicated below:
I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) - Pursuant to controlling General
Order(s) and Local Bankruptcy Rule(s) (“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 addressed indicated below:
☐ Service information continued on attached page
II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL (indicate 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 follow. 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
III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate 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 mailing to 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 of America that the foregoing is true and correct.
_________________________________________________________
Date
Type Name
_____________________________________
Signature
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
December 2009
F 3015-1.16