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 IMPOSING A STAY OR CONTINUING THE AUTOMATIC STAY AS THE COURT DEEMS APPROPRIATE (with supporting declarations) DATE: TIME: COURTROOM: Debtor(s). Movant: 1. NOTICE IS HEREBY GIVEN to (Secured Creditor/Lessor),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 stated courtroom, Movant in the above-captioned matter will move this court for an order imposing a stay or continuing the automatic stay as to certain creditors and actions described in the motion 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. 411 West Fourth Street, Santa Ana, CA 92701 1415 State Street, Santa Barbara, CA 93101 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 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.IMPOSE.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 at the hearing at least the hearing. Any written response or evidence must be filed and served: 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 and such motion and order has been or is being served upon appropriate creditor(s) and trustee, if any. 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.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.IMPOSE.STAY.MOTION MOTION FOR ORDER IMPOSING A STAY OR CONTINUING THE AUTOMATIC STAY AS THE COURT DEEMS APPROPRIATE Movant: ____________________________________________________________________ 1. The Property or Debt at Issue: a. Movant moves for an order imposing a stay with respect to the following property (Property): Vehicle (describe year, manufacturer, type, and model): Vehicle Identification Number: Location of vehicle (if known): Equipment (describe manufacturer, type, and characteristics): Serial number(s): Location (if known): Other Personal Property (describe type, identifying information, and location): Real Property Street Address: Apt./Suite No.: City, State, Zip Code: Legal description or document recording number (include county of recording): See attached continuation page The following creditor(s) have a security interest or unexpired lease in this Property (give full name and address of creditor) now owed. (Secured Creditor/Lessor). to secure the sum of approximately $ Additional creditors who are the subject of this motion, and their respective claims, addresses and collateral, are described on the continuation sheets attached. (Attach additional sheets as necessary) b. Movant moves for an order imposing a stay with respect to any and all actions against the Debtor and the estate taken concerning the debt/lease owed to the Secured Creditors/Lessors as described in this motion; and/or Movant moves for an order imposing a stay as to all creditors. Movant moves for an order continuing the automatic stay with respect to any and all actions against the Debtor and the estate taken concerning the debt/lease owed to the Secured Creditor/Lessor; and/or Movant moves for an order continuing the automatic stay as to all creditors. c. d. e. 2. Case History: a. A voluntary An involuntary petition concerning an individual[s] under chapter was filed concerning the present case on (specify date): b. c. An Order of Conversion to chapter Plan was confirmed on (specify date): 7 11 12 7 11 12 13 13 was entered on (specify date): 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 F 4001-1.IMPOSE.STAY.MOTION d. Other bankruptcy cases filed by or against this Debtor have been pending within the past year preceding the petition date in this case. These cases and the reasons for dismissal are: 1. Case name: Case number: Date filed: Relief from stay re this Property Reason for dismissal: Chapter: Date dismissed: was was not granted 2. Case name: Case number: Date filed: Relief from stay re this Property Reason for dismissal: Chapter: Date dismissed: was was not granted See attached continuation page e. As of the date of this motion the Debtor has has not filed a statement of intentions regarding this has Property as required under 11 U.S.C. § 521(a)(2). If a statement of i