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 IN INDIVIDUAL CASE FOR ORDER CONFIRMING TERMINATION OF STAY UNDER 11 U.S.C. § 362(c)(3) OR THAT NO STAY IS IN EFFECT UNDER 11 U.S.C. § 362(c)(4)(A)(ii) (with supporting declarations) DATE: TIME: COURTROOM: Debtor(s). MOVANT: _______________________________________________________________________________________ 1. NOTICE IS HEREBY GIVEN to the Debtor and trustee (if any), and affected creditors (Responding Parties), their attorneys (if any), and other interested parties that on the above date and time and in the indicated courtroom, movant in the above-captioned matter will move this court for an order confirming termination of the stay or that no stay is in effect 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 3. a. 411 West Fourth Street, Santa Ana, CA 92701 1415 State Street, Santa Barbara, CA 93101 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 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.TERM.STAY.MOTION 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 of this motion. b. This motion is being heard on SHORTENED NOTICE. If you wish to oppose this motion, you must appear at the hearing: (1) (2) Opposition to the motion may be made orally at the hearing. Any written response or evidence must be filed and served: at the hearing (A) at least days before the hearing. 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 pursuant to LBR 90751(b) and was granted by the court, and such application and order have been or are being served upon the Debtor, trustee, and parties in interest. An Application for Order Setting Hearing on Shortening Notice has been filed and remains pending. Once 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. (B) (C) 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.RESPONSE), or you may prepare your response using the format required by LBR 9004-1 and the Court Manual. 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) Signature of individual movant or attorney for movant Printed name 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.TERM.STAY.MOTION MOTION IN INDIVIDUAL CASE FOR ORDER CONFIRMING TERMINATION OF STAY OR THAT NO STAY IS IN EFFECT 1. Case History: a. A voluntary An involuntary petition concerning an individual(s) under chapter was filed on (specify date): 7 11 12 13 b. One or more single or joint bankruptcy cases filed by or against this debtor were pending within the year preceding the petition date in this case. These cases and the reasons for dismissal are: 1) Case name: Case number: Date filed: Reason for dismissal: 2) Case name: Case number: Date filed: Reason for dismissal: See attached continuation page 2. Grounds for Order: a. 1) 2) 3) b. 1) 2) Under 11 U.S.C. § 362(c)(3): A single or joint case filed by or against the debtor was pending but dismissed within the year preceding the petition date in this case; The dismissed case was not a case refiled under a chapter other than chapter 7 following dismissal under 11 U.S.C. § 707(b); and Thirty days have elapsed since the filing of the petition in the above-entitled case and no order has been entered continuing the stay. Under 11 U.S.C. § 362(c)(4)(A)(ii): Two or more single or joint cases filed by or against the debtor were pending but dismissed within the year preceding the petition date in this case; and None of the dismissed cases was refiled under a chapter other than chapter 7 after dismissal under 11 U.S.C. §707(b). Location where filed: Chapter: Date dismissed: Location where filed: Chapter: Date dismissed: 3. Evidence in Support of Motion: (Important Note: Declaration(s) in support of the Motion MUST be attached hereto.) a. b. Movant requests that the court take judicial notice of the proceedings in the present case and the proceedings in each of the prior cases. Other evidence (specify): __________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ This form is mandatory. It has been appro