Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address FOR COURT USE ONLY Attorney for Movant Movant appearing without attorney UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA In re: CASE NO.: CHAPTER: DIVISION NOTICE OF MOTION AND MOTION FOR ORDER DETERMINING VALUE OF COLLATERAL [11 U.S.C. § 506(a), FRBP 3012] This motion is being made under ONLY ONE of the following notice procedures: No hearing unless requested under LBR 9013-1(o)(4); Hearing set by Movant: LBR 9013-1(d); Hearing on Shortened Notice: LBR 9075-1(b); or Hearing on Emergency Basis: LBR 9075-1(a). DATE: TIME: COURTROOM: PLACE: Debtor(s) Creditor Name (Insert name of creditor holding collateral to be valued): _________________________________________________ _________________________________________________________________________________________________________________________ 1. PLEASE TAKE NOTICE THAT (Movant) requests an order valuing the collateral described below. This motion does not request lien avoidance (see LBR forms F 4003 for lien avoidance involving principal residences and judicial liens). This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California June 2013 Page 1 F 3012-1.MOTION.VALUATION 2. NOTICE PROVISIONS AND DEADLINES FOR FILING AND SERVING A WRITTEN RESPONSE: Your rights might be affected by this Motion. You may want to consult an attorney. Refer to the box checked below for the deadline to file and serve a written response. If you fail to timely file and serve a written response, the court may treat such failure as a waiver of your right to oppose the Motion and may grant the requested relief. You must serve a copy of your opposition upon the Movant and the Movant's attorney and the United States trustee, and also serve a copy on the judge pursuant to LBR 5005-2(d) and the Court Manual. a. No Hearing Scheduled; Notice Provided Under LBR 9013-1(o): This Motion is filed by the Movant pursuant to LBR 9013-1(o), which provides for granting of motions without a hearing. The full Motion is attached, including the legal and factual grounds upon which the Motion is made. If you wish to oppose this Motion, you must file a written response and request for hearing with the court and serve it as stated above no later than 14 days after the date stated on the Proof of Service of this Motion plus 3 additional days if you were served by mail, electronically, or pursuant to F.R.Civ.P. 5(b)(2)(D), (E), or (F). Your opposition must comply with LBR 9013-1(f) and (o). Hearing Set by Movant; Notice Provided Under LBR 9013-1(d): This Motion is set for hearing on at least 21 days of notice pursuant to LBR 9013-1(d). The full Motion and supporting documentation are attached, including the legal and factual grounds upon which the Motion is made. If you wish to oppose this Motion, you must file a written response with the court and serve it as stated above no later than 14 days prior to the hearing. Your response must comply with LBR 9013-1(f). The undersigned hereby verifies that the hearing date and time selected were available for this type of Motion according to the judge's self-calendaring procedures [LBR 9013-1(b)]. Hearing Requested on Shortened Notice under LBR 9075-1(b): Movant has filed a separate motion asking the court to set a hearing on shortened notice, titled Application for Order Setting Hearing on Shortened Notice (Application). If the court grants the Application, the Movant will serve you with another document providing notice. The deadline to file and serve a written response will be contained in this document. If the court denies the Application, the Movant will provide written notice of a regular hearing date or other proposed disposition of this motion. Hearing Requested on Emergency Basis under LBR 9075-1(a): Hearing Requested on Emergency Basis under LBR 9075-1(a): Movant has contacted the court and requested an emergency hearing on less than 48 hours notice. If the court grants the request, you will receive a separate Notice of Hearing that identifies the deadline for the Movant to file and serve the Motion and the deadline for you to file and serve a written response. If the court denies the request to set an emergency hearing, the Movant will provide written notice of a regular hearing date or other disposition of this motion and the deadline for filing an opposition. b. c. d. Date: By: Signature of Movant or Attorney for Movant Name: Print Name of Movant or Attorney for Movant This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California June 2013 Page 2 F 3012-1.MOTION.VALUATION MOTION FOR ORDER DETERMINING VALUE OF COLLATERAL PURSUANT TO 11 U.S.C. § 506(a) AND FRBP 3012 1. The Movant is (check one): The debtor A creditor The trustee The Official Committee of Creditors Holding Unsecured Claims Other (specify): 2. The Collateral to be Valued: a. The Movant requests a determination of the value of the following collateral (Collateral). Real Property Street Address: Unit Number: City, State, Zip Code: Legal description or document recording number (including county of recording): Personal Property Vehicle: Year, manufacturer, type, and model: Vehicle Identification Number: Location of vehicle (if known): Equipment: Manufacturer, type, and characteristics: Serial number(s): Location (if known): Other Personal Property (describe type, identifying information, and location): See attached page. b. Purpose of the Valuation Treatment of the claim in a plan: Pursuant to 11 U.S.C. § 1322 Pursuant to 11 U.S.C. § 1129 Other: Disposition or use of Collateral pursuant to 11 U.S.C. § 363; Other: (specify): This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California June 2013 Page 3 F 3012-1.MOTION.VALUATION c. Movant asserts that the value of the Collateral is $ Check one: Date bankruptcy case was commenced. Other (specify): as of (date): 3. Liens Encumbering the Collateral: The Collateral is subject to the following liens in the amounts specified securing the debt against the Collateral: Names of Lien Holders in Order of Priority 1 Lien: 2 nd rd st Original Lien Amount $ $ $ Balance of Lien Amount As of (applicable date) $ $ $ Lien: 3 Lien: See attached page for additional lien(s). 4. Determination of Secured/Unsecured Status: Based upon paragraphs 2 a