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: DIVISION CASE NO.: CHAPTER: 11 NOTICE OF MOTION AND MOTION IN INDIVIDUAL CHAPTER 11 CASE FOR ORDER AUTHORIZING DEBTOR TO PROVIDE ADEQUATE ASSURANCE OF PAYMENT TO UTILITY SERVICE PROVIDERS [11 U.S.C. § 366] 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 this court for an order authorizing debtor to provide adequate assurance of payment to utility service providers under 11 U.S.C. § 366. 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 serve a written response. If you fail to timely file and serve a written response, the court may This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2011 Page 1 F 2081-1.4.MOTION.UTILITIES treat such failure as a waiver of your right to oppose the Motion and may grant the requested relief. You must serve a copy of your opposition upon the Debtor, the Debtor’s attorney, the United States trustee, and 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, if any, to file and serve a written response will be contained in the latter notice. If the court denies the Application, the Debtor must 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: Printed name of Debtor Date: By: 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. December 2011 Page 2 F 2081-1.4.MOTION.UTILITIES MOTION FOR ORDER AUTHORIZING DEBTOR TO PROVIDE ADEQUATE ASSURANCE OF PAYMENT TO UTILITIY SERVICE PROVIDER [11 U.S.C. § 366] In order to prepare properly a plan for reorganization, Debtor must be able to provide assurance of payment to utility service providers. Debtor requests that this court authorize the Debtor to provide the following type of assurance of payment to each of the utilities and their respective account numbers identified in the accompanying declaration. Section 366(c)(1)(A) specifies that “assurance of payment” (Adequate Assurance Method) means: (i) A cash deposit. For multiple accounts with varying deposit amounts, attach an exhibit detailing each account and its respective cash deposit. Also provide the overall total cash deposit amount for all accounts; (ii) A letter of credit; (iii) A certificate of deposit; (iv) A surety bond; (v) A prepayment of utility consumption. For multiple accounts with varying prepayment amounts, attach an exhibit detailing each account and its respective prepayment amount. Also provide an overall total prepayment amount for all accounts; or (vi) Another form of security that is mutually agreed on between the utility and the Debtor. Attach a declaration of Debtor detailing the terms of the agreement. WHEREFORE, Debtor prays that it be authorized to provide the assurance of payment to the subject utility service(s) provided as described herein. Date: By: Signature of Debtor Name: Printed name of Debtor Date: By: 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. December 2011 Page 3 F 2081-1.4.MOTION.UTILITIES DECLARATION OF DEBTOR IN SUPPORT OF MOTION FOR ORDER AUTHORIZING DEBTOR TO PROVIDE ADEQUATE ASSURANCE OF PAYMENT TO UTILITY SERVICE PROVIDER [11 U.S.C. § 366] 1. I am the Debtor in this chapter 11 bankruptcy case. I make the following statements based upon my own personal knowledge. 2. I have current accounts with the following utilities and, unless an alternative is offered in section 4 below, recommend the following deposit amounts: NAME OF UTILITY ACCOUNT NUMBER ADEQUATE ASSURANCE METHOD1 AMOUNT (IF ANY) OF ADEQUATE ASSURANCE $ $ $ $ $ $ $ 3. I have the ability to pay the proposed deposits, set forth in section 2. 4. As an alternative to deposits, I propose the following: I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Date: By: Signature of Debtor Name: Printed name of Debtor 1 See previous page for Adequate Assurance Method categories (i) through (vi). This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2011 Page 4 F 2081-1.4.MOTION.UTILITIES 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 AUTHORIZING DEBTOR TO PROVIDE ADEQUATE ASSURANCE OF PAYMENT TO UTILITY SERVICE PROVIDERS [11 U.S.C. § 366] 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. December 2011 Page 5 F 2081-1.4.MOTION.UTILITIES