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 - **SELECT DIVISION** In re: CASE NO.: DIVISION CHAPTER: SELECT CHAPTER NOTICE OF MOTION AND MOTION FOR (A) RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. § 362 (REAL PROPERTY), and (B) RELIEF FROM TURNOVER UNDER 11 U.S.C. § 543 BY PREPETITION RECEIVER OR OTHER CUSTODIAN (with supporting declarations) DATE: TIME: COURTROOM: Debtor(s). Movant/Lender (Movant): ___________________________________________________________________ 1. NOTICE IS HEREBY GIVEN to the Debtor and trustee (if any) (Responding Parties), their attorneys (if any), and other interested parties that on the above date and time and in the stated courtroom, Movant in the above-captioned matter will move this court for an order granting relief from the automatic stay and relief from turnover as to the Debtor and Debtor's bankruptcy estate on the grounds set forth in the attached motion. 2. 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 This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 1 F 4001-1.RFS.CUST.MOTION 3. a. This motion is being heard on REGULAR NOTICE pursuant to LBR 9013-1. 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 above hearing and appear at the hearing on this motion. b. This motion is being heard on SHORTENED NOTICE. If you wish to oppose this motion, you must appear at the hearing. Any written response or evidence must be filed and served: at the hearing at least days before the hearing. (1) 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 per LBR 9075-1(b) and was granted by the court. An Application for Order Setting Hearing on Shortened Notice has been filed and remains pending. Once the court has ruled on that motion, 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. (2) (3) 4. You may contact the clerk's office or use the court's website (www.cacb.uscourts.gov) to obtain a copy of an approved court form for use in preparing your response (optional court form F 4001-1.MOTION.RESPONSE), or you may prepare your response using the format required by LBR 9004-1 and the Court Manual. 5. If you fail to file a written response to the Motion or fail to appear at the hearing, the court may treat such failure as a waiver of your right to oppose the Motion and may grant the requested relief. 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. December 2012 Page 2 F 4001-1.RFS.CUST.MOTION MOTION FOR RELIEF FROM THE AUTOMATIC STAY AND RELIEF FROM TURNOVER Movant/Lender (Movant): ___________________________________________________________________ 1. The Property at Issue: Movant moves for relief from the automatic stay with respect to the following real property (Property): Street Address: Apt./Suite No.: City, State, Zip Code: Legal description or document recording number (include county of recording): See attached continuation page 1A. The Custodianship Action: This Motion relates to Property as to which a Custodian is in possession as follows: Name of custodian (Custodian) (specify): Appointing court (specify): Appointing court case name (specify): Appointing court case number (specify): Date of appointment of Custodian: Date Custodian took possession of the Property: 2. Case History: a. A voluntary date): An involuntary petition under chapter 7 11 12 13 was filed on (specify b. c. d. An order of conversion to chapter Plan was confirmed on (specify date): 7 11 12 13 was entered on (specify date): Other bankruptcy cases affecting this Property have been pending within the past two years. See attached declaration. 3. 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. No proof of insurance re the Property has been provided to Movant, despite borrower's obligation to insure the Property under the terms of Movant's contract with Debtor. For other cause for relief from stay, see attached continuation page. Pursuant to 11 U.S.C. § 362(d)(2)(A), Debtor has no equity in the Property; and pursuant to § 362(d)(2)(B), the Property is not necessary for an effective reorganization. This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 3 (C) (2) b. F 4001-1.RFS.CUST.MOTION c. Pursuant to 11 U.S.C. § 362(d)(3), Debtor has not satisfied the requirements of this section because of a failure to: (1) (2) Commence payments; or File a reasonable plan of reorganization within 90 days of the petition date. 4. Movant also seeks annulment of the stay so that the filing of the bankruptcy petition does not affect postpetition acts, as specified in the attached declaration(s). 4A. Grounds for relief from turnover under 11 U.S.C. § 543(d)(1): For the reasons set forth in the attached Declaration(s): a. Debtor has mismanaged the Property. The Custodian can more effectively manage the Property during the bankruptcy proceedings. b. Debtor is not an appropriate