Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address FOR COURT USE ONLY Individual appearing without attorney Attorney for: UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA In re: CASE NO.: CHAPTER: NOTICE OF MOTION AND MOTION FOR RELIEF FROM THE AUTOMATIC STAY OR FOR ORDER CONFIRMING THAT THE AUTOMATIC STAY DOES NOT APPLY UNDER 11 U.S.C. § 362(l) (with supporting declarations) (UNLAWFUL DETAINER) DATE: TIME: Debtor(s). COURTROOM: Movant: 1. Hearing Location: 255 East Temple Street, Los Angeles, CA 90012 21041 Burbank Boulevard, Woodland Hills, CA 91367 3420 Twelfth Street, Riverside, CA 92501 411 West Fourth Street, Santa Ana, CA 92701 1415 State Street, Santa Barbara, CA 93101 2. Notice is given to the Debtor and trustee (if any)(Responding Parties), their attorneys (if any), and other interested parties that on the date and time and in the courtroom stated above, Movant will request that this court enter an order granting relief from the automatic stay as to Debtor and Debtor's bankruptcy estate on the grounds set forth in the attached Motion. 3. To file a response to the motion, you may obtain an approved court form at www.cacb.uscourts.gov/forms for use in preparing your response (optional LBR form F 4001-1.RFS.RESPONSE), or you may prepare your response using the format required by LBR 9004-1 and the Court Manual. This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2014 Page 1 F 4001-1.RFS.UD.MOTION 4. When serving a response to the motion, serve a copy of it upon the Movant's attorney (or upon Movant, if the motion was filed by an unrepresented individual) at the address set forth above. 5. If you fail to timely file and serve a written response to the motion, or fail to appear at the hearing, the court may deem such failure as consent to granting of the motion. 6. This motion is being heard on REGULAR NOTICE pursuant to LBR 9013-1(d). If you wish to oppose this motion, you must file and serve a written response to this motion no later than 14 days before the hearing and appear at the hearing. This motion is being heard on SHORTENED NOTICE pursuant to LBR 9075-1(b). If you wish to oppose this motion, you must file and serve a response no later than (date) and (time) ; and, you may appear at the hearing. a. An application for order setting hearing on shortened notice was not required (according to the calendaring procedures of the assigned judge). An application for order setting hearing on shortened notice was filed and was granted by the court and such motion and order have been or are being served upon the Debtor and upon the trustee (if any). An application for order setting hearing on shortened notice was filed and remains pending. After the court rules on that application, you will be served with another notice or an order that specifies the date, time and place of the hearing on the attached motion and the deadline for filing and serving a written opposition to the motion. 7. b. c. Date: Printed name of law firm (if applicable) Printed name of individual Movant or attorney for Movant _____________________________________________ Signature of individual Movant or attorney for Movant This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2014 Page 2 F 4001-1.RFS.UD.MOTION MOTION FOR RELIEF FROM THE AUTOMATIC STAY OR FOR ORDER CONFIRMING THAT THE AUTOMATIC STAY DOES NOT APPLY (Unlawful Detainer) 1. Movant is the: a. b. c. Owner of the Property Authorized Agent of the owner of the Property Other (specify): 2. The Property at Issue (Property): Type of Property: Street Address: Unit/Suite Number: City, State, Zip Code: Residential Nonresidential 3. Bankruptcy Case History: a. A voluntary An involuntary was filed on (date): petition under chapter 7 11 12 13 b. An order to convert this case to chapter was entered on (date): A plan was confirmed on (date): 7 11 12 13 c. 4. Pursuant to 11.U.S.C. § 362(b)(22) and (23) there is no stay because (check all that apply): a. Movant commenced an eviction, unlawful detainer action or similar proceeding against the Debtor involving residential property in which the Debtor resides and: (1) (2) The Debtor has not filed and served on Movant the certification required under 11 U.S.C. § 362(l)(1). The Debtor or adult dependent of the Debtor has not deposited with the clerk any rent that would become due during the 30-day period after the filing of the petition. The Debtor or adult dependent of the Debtor has not filed and served on Movant the further certification required under 11 U.S.C. § 362(l)(2) that the entire monetary default that gave rise to the judgment has been cured. Movant filed and served an objection to the Debtor's certification. A copy of the objection is attached as Exhibit . A hearing on this objection is set for (date) . (3) (4) 5. Grounds for Relief from Stay: (check all that apply) a. Pursuant to 11 U.S.C. § 362(d)(1), cause exists because, as of the bankruptcy petition date, the Debtor had no right to continued occupancy of the premises, as follows: (1) (2) (3) Movant caused a notice to quit to be served on the Debtor. An unlawful detainer proceeding was commenced on (date) An unlawful detainer judgment was entered on (date) . . This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2014 Page 3 F 4001-1.RFS.UD.MOTION (4) Movant acquired title to the Property by foreclosure sale before the bankruptcy petition was filed and recorded the deed within the period provided by state law for perfection. Movant acquired title to the Property by foreclosure sale after the bankruptcy petition was filed and recorded the deed within the period provided by state law for perfection. Pursuant to 11 U.S.C. § 362(d)(1) the Debtor's right to possession should be terminated because (check all that apply): (5) b. (1) (2) (3) (4) The lease or other right of occupancy expired by its terms on (date) . . The lease has matured, been rejected or deemed rejected by operation of law on (date) Lease payments have not been made after the filing of the bankruptcy petition. An unlawful detainer action was filed to obtain possession of the Property on grounds of endangerment of the Property or because of illegal use of controlled substances on the Property and Mo