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 UNDER 11 U.S.C. § 362 (with supporting declarations) (PERSONAL PROPERTY) 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.PP.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 a written response to this motion with the court and 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 no less than 14 days before the hearing and appear at the hearing of this motion. 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 and remains pending. After the court has ruled on that application, you will be served with another notice or an order that will specify 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.PP.MOTION MOTION FOR RELIEF FROM THE AUTOMATIC STAY AS TO PERSONAL PROPERTY 1. Movant has a perfected security interest in the Property. 2. The Property at Issue (Property): a. Vehicle (year, manufacturer, type, and model): Vehicle Identification Number: Location of vehicle (if known): b. Equipment (manufacturer, type, and characteristics): Serial number(s): Location (if known): c. Other Personal Property (type, identifying information, and location): 3. Bankruptcy Case History: a. A voluntary bankruptcy petition An involuntary bankruptcy petition 7 11 12 13 was filed on (date) under chapter An order to convert this case to chapter Plan was confirmed on (date) . 7 11 12 . . b. c. 13 was entered on (date) 4. Grounds for Relief from Stay: a. (1) (A) (B) Pursuant to 11 U.S.C. § 362(d)(1), cause exists to grant Movant the requested relief from stay as follows: Movant's interest in the Property is not adequately protected. Movant's interest in the Property is not protected by an adequate equity cushion. The fair market value of the Property is declining and payments are not being made to Movant sufficient to protect Movant's interest against that decline. Proof of insurance regarding the Property has not been provided to Movant, despite the Debtor's obligation to insure the collateral under the terms of Movant's contract with Debtor. Other (see attached continuation page). The bankruptcy case was filed in bad faith. (A) Movant is the only creditor, or one of very few creditors, listed or scheduled in the Debtor's case commencement documents. (C) (D) (2) 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.PP.MOTION (B) (C) The Property was transferred to the Debtor either just before the bankruptcy filing or after the filing. A non-individual entity was created just prior to the bankruptcy petition date for the sole purpose of filing this bankruptcy case. Other bankruptcy cases were filed in which an interest in the Property was asserted. The Debtor filed only a few case commencement documents with the bankruptcy petition. Schedules and statement of financial affairs (or chapter 13 plan, if appropriate) have not been filed. (Chapter 12 or 13 cases only) All payments on account of the Property are being made through the plan and plan payments have not been made to the chapter 12 or chapter 13 trustee for payments due postpetition preconfirmation postpetition postconfirmation. The lease has matured, been rejected or deemed rejected by operation of law. The Debtor filed a statement of intention that indicates the Debtor intends to surrender the Property. Movant regained possession of the Property on (date) prepetition postpetition. For other cause for relief from stay, see attached continuation page. , which is (D) (E) (3) (4) (5) (6) (7) b. Pursuant to 11 U.S.C. § 362(d)(2)(A), the Debtor has no e