FOR COURT USE ONLY Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address Individual appearing without attorney Attorney for: UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - **SELECT DIVISION** In re: DIVISION CASE NO.: CHAPTER: 11 NOTICE OF MOTION AND MOTION IN INDIVIDUAL CHAPTER 11 CASE FOR ORDER PURSUANT TO 11 U.S.C. § 363 SETTING BUDGET FOR INTERIM USE OF ESTATE PROPERTY AS DEFINED IN 11 U.S.C. § 1115 This motion is being made under ONLY ONE of the following notice procedures: No hearing unless requested under LBR 9013-1(o)(4); or Hearing requested on emergency basis: LBR 9075-1(a); or Hearing requested on shortened notice: LBR 9075-1(b); or Hearing set on regular notice: LBR 9013-1(c): DATE: TIME: COURTROOM: PLACE: Debtor(s). 1. PLEASE TAKE NOTICE THAT Debtor moves thi s court for an order setting a budg et for interim u se of estate property as defined in 11 U.S.C. § 1115. 2. NOTICE PROVISIONS AND DEADLINES FOR FILING AND SERVING A WRITTEN RESPONSE: Your rights might be affected by this Motion. You may want to consult an attorney. Refer to the box checked below for the deadline to file and se rve a written re sponse. If you fail to timely file and serve a written resp onse, the court may treat such failure as a waiver of your right to oppose the Motion and may grant the requested relief. You must serve This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2011 Page 1 F 2081-1.2.MOTION.BUDGET a copy of your opposition upon the Debtor and Debtor’s attorney and the United States tru stee, and also serve a copy on the judge pursuant to LBR 5005-2(d) and the Court Manual. a. No Hearing Scheduled; Notice Provided Under LBR 9013-1(o): This Motion is filed by Debtor pursuant to LBR 9013-1(o), which provides for granting of motions without a hearing. The full Motion is attached, including the legal and factual grounds upon which the Motion is made. If you wish to oppose this Motion, you must file a written response and request for hearing with the court and serve it as stated above no later than 14 days after the date stated on the Proof of Service of this Motion plus 3 additional days if you were served by mail, electronically, or pursuant to F.R.Civ.P. 5(b)(2)(D), (E), or (F). Your opposition must comply with LBR 9013-1(f) and (o). b. Hearing Requested on Emergency Basis under LBR 9075-1(a): Hearing Requested on Emergency Basis under LBR 9075-1(a): Debtor has contacted the court and requested an emergency hearing on less than 48 hours notice. If the court grants the request, you will receive a separate Notice of Hearing that identifies the deadline for the Debtor to file and serve the Motion and the deadline for you to file and serve a written response. If the court denies the request to set an emergency hearing, the Debtor will provide written notice of a regular hearing date or other disposition of this motion and the deadline for filing an opposition. c. Hearing Requested on Shortened Notice under LBR 9075-1(b): Debtor has filed a separate motion asking the court to set a hearing on shortened notice, titled Application for Order Setting Hearing on Shortened Notice (Application). If the court grants the Application, the Debtor will serve you with another document providing notice. The deadline to file and serve a written response will be contained in this document. If the court denies the Application, the Debtor will provide written notice of a regular hearing date or other proposed disposition of this motion. d. Hearing Set on Regular Notice; Notice Provided Under LBR 9013-1(c): This Motion is set for hearing on regular notice pursuant to LBR 9013-1(c). The full Motion and supporting documentation are attached, including the legal and factual grounds upon which the Motion is made. If you wish to oppose this Motion, you must file a written response with the court and serve it as stated above no later than 14 days prior to the hearing. Your response must comply with LBR 9013-1(f). The undersigned hereby verifies that the hearing date and time selected were available for this type of Motion according to the judge’s selfcalendaring procedures [LBR 9013-1(b)]. e. Other (specify): _____________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Date: By: Signature of Debtor Name: Date: By: Printed name of Debtor Signature of attorney for Debtor, if any Name: Printed name of attorney for Debtor, if any This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2011 Page 2 F 2081-1.2.MOTION.BUDGET MOTION FOR ORDER PURSUANT TO 11 U.S.C. § 363 SETTING BUDGET FOR INTERIM USE OF ESTATE PROPERTY AS DEFINED IN 11 U.S.C. § 1115 In order for the Debtor to reorganize effectively, Debtor must pay for reasonable actual household and/or business expenses. 1. Debtor’s postpetition income is property of the estate pursuant to 11 U.S.C. § 1115. 2. Debtor requires the use of property of the estate t o provide for rea sonable and necessary living exp enses, tax withholdings and ongoing payroll check reductions. 3. Debtor has filed Debtor’s Schedules I & J showing projected gross income, tax withholdings, other deductions and necessary living expen ses with the court. Copies are attached as Exhibit A & Exhibit B, respectively, to the declaration accompanying this Motion. The De btor’s gross income, tax withholdings and other deductions are set forth in Exhibit A and the Debtor’s budget of approximate expenses by category is set forth in Exhibit B. 4. Debtor requests approval for all deductions from gross income listed on Schedule I. $______________, which is the total amount stated at line 18 of Schedule J. 5. Debtor understands that Debtor is not authorized to use Cash Collateral without the permission of the secured creditor or a separate order of this court. 6. Debtor understands that Debto r is re quired to file timely Monthly Operati ng Reports with t he court and serve th e original on the United Sta tes trustee. Debtor further understands that all estate property, including the amount approved for Debtor’s personal use herein, must be detailed in the Monthly Operating Reports. Debtor requests use of WHEREFORE, Debtor requests that the court authorize the Debtor pursuant to 11 U.S.C. § 363 to use property of t he estate as defined in 11 U.S.C. § 1115 to pay expe nses as listed in the budget, attached as Exhibit B and described herein. By: Date: Signature of Debtor Name: Date: By: Printed name of Debtor Signature of attorney for Debtor, if any Name: Printed name of attorney for Debtor, if any This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2011 Page 3 F 2081-1.2.MOTION.BUDGET DECLARATION OF DEBTOR IN SUPPORT OF MOTION SETTING BUDGET FOR AN INTERIM ORDER PURSUANT TO 11 U.S.C. § 363 AUTHORIZING DEBTOR TO USE PROPERTY OF THE ESTATE AS DEFINED IN 11 U.S.C. § 1115 1. I am the Debtor in this chapter 11 bankruptcy case. I make the following statements based upon m y own personal knowledge. 2. I have attached as Exhibit A and Exhibit B, respectively, true and correct copies of my Schedule I & J as filed with this court. 3. The total monthly payroll tax withholdings and other deductions set forth in Exhibit A is . My proposed monthly living expense budget as set forth in Exhibit B is $ $ month as set forth in this motion. per 4. Based upon my knowledge and experience, this is a reasonable estimate of my average or projected household and business expenses. I declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 at , California. By: Signature of Debtor Name: Printed name of Debtor This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2011 Page 4 F 2081-1.2.MOTION.BUDGET PROOF OF SERVICE OF DOCUMENT I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: A true and correct copy of the foregoing document described as NOTICE OF MOTION AND MOTION IN INDIVIDUAL CHAPTER 11 CASE FOR ORDER PURSUANT TO 11 U.S.C. § 363(b) SETTING BUDGET FOR INTERIM USE OF ESTATE PROPERTY AS DEFINED IN 11 U.S.C. § 1115 will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated below: 1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Order(s) and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On , I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email address(es) stated below: Service information continued on attached page 2. SERVED BY UNITED STATES MAIL OR OVERNIGHT MAIL (state method for each person or entity served): , I served the following person(s) and/or entity(ies) at the last known address(es) in this On bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and/or with an overnight mail service addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed. Service information continued on attached page 3. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on , I served the following person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on the judge will be completed no later than 24 hours after the document is filed. Service information continued on attached page I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Date:___________________________ Signature:_______________________________________ Printed Name:____________________________________ This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2011 Page 5 F 2081-1.2.MOTION.BUDGET