Attorney or Party Name, Address, Telephone & FAX Numbers, and California State Bar Number FOR COURT USE ONLY G Individual appearing without counsel G Attorney for: UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA CHAPTER: In re: CASE NO.: Debtor(s). DATE: TIME: CTRM: FLOOR: ORDER GRANTING MOTION FOR (1) RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. § 362, AND (2) RELIEF FROM TURNOVER UNDER 11 U.S.C. § 543 BY PREPETITION RECEIVER OR OTHER CUSTODIAN (MOVANT/LENDER: (the “Movant”)) 1. The Motion was: G Contested G Uncontested G Settled by stipulation 2. The Motion affects the following real property (the “Property”): Street Address: Apartment/Suite No.: City, State, Zip Code: Legal description or document recording number (including county of recording): G See attached page. 3. The Motion is granted under: G G 11 U.S.C. § 362(d)(1) G 11 U.S.C. § 362(d)(2) 11 U.S.C. § 362(d)(3) 4. As to Movant, its successors, transferees and assigns (“Movant”), the stay of 11 U.S.C. § 362(a) is: a. b. c. G G G Terminated as to Debtor(s) and Debtor’s(s’) bankruptcy estate. Annulled retroactively to the date of the bankruptcy petition filing. Modified or conditioned as set forth in Exhibit to this Order. (Continued on next page) This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. December 2009 F 4001-1O.CUST F 4001-1O.CUST Order on Motion for Relief from Stay (Custodian of Real Property) - Page 2 of In re (SHORT TITLE) CHAPTER: Debtor(s). CASE NO.: Relief from stay to foreclose: 5. G Movant may enforce its remedies to foreclose upon and obtain possession of the Property in accordance with applicable nonbankruptcy law, but may not pursue any deficiency claim against the Debtor(s) or property of the estate except by filing a Proof of Claim pursuant to 11 U.S.C. § 501. 6. G Movant shall not conduct a foreclosure sale before the following date: Annulment, modification, and/or relief from stay regarding Custodianship Proceedings: 7. G Turnover excused; Stay annulled: Pursuant to 11 U.S.C. § 543(b)(1), the Movant and the Custodian (and their agents) are excused from the requirement for immediate turnover of the Property. The Stay is annulled to allow all issues regarding the Custodianship to be determined by the Custodian’s Appointing Court as if this bankruptcy case had not been commenced. 8. G Turnover required; Stay modified to allow Appointing Court to complete Custodianship Proceedings: Pursuant to 11 U.S.C. § 543 (b)(2), Movant and Custodian (and their agents) are required to turnover any property of the Debtor(s), held by the custodian as of the commencement of the bankruptcy case, to the debtor in possession or to the appointed trustee within days of the entry of this Order. The stay is modified to permit the following proceedings before the Appointing Court: a. b. The Appointing Court may proceed as allowed by non-bankruptcy law to terminate the Custodianship and exonerate any bond or undertaking as may be appropriate. d. G The Appointing Court may hear and determine all issues related to the appropriateness of the accounting and amounts of compensation requested, including any postpetition period prior to the entry of this Order, and may authorize payment out of any funds in the possession of the Custodian that have not been required to be turned over to the Debtor(s) or bankruptcy trustee. c. 9. The Custodian is excused from filing with the bankruptcy court an accounting and request for approval of compensation under 11 U.S.C. § § 543(b)(2) and (c)(2), and is authorized to file with the Appointing Court a final report and account and request for order approving compensation and reimbursement of costs and expenses in accordance with non-bankruptcy law. The Custodian is authorized to file an appropriate motion in the bankruptcy court pursuant to 11 U.S.C. § 543(c)(2) to seek an order from this Court approving payment of compensation and reimbursement approved by the Appointing Court from funds that have been turned over to the Debtor(s) or bankruptcy trustee. Turnover required; all further custodian proceedings to be before the Bankruptcy Court: Pursuant to 11 U.S.C. § 543 (b)(2), Movant and Custodian (and their agents) are required to turnover any property of the Debtor(s), held by the Custodian as of the commencement of the bankruptcy case, to the debtor in possession or to the appointed trustee within days of the entry of this Order. The Custodian is further ordered to file in the Bankruptcy Court and serve on Movant, the Debtor(s), and any trustee appointed in the bankruptcy case by (specify date): a. An accounting of any property of the Debtor(s) or proceeds thereof that has been received by the Custodian b. A conformed copy of the appointing order c. A motion for payment of compensation for services rendered and costs and expenses incurred by such Custodian 10. G Adequate protection required: The stay shall remain in effect subject to the terms and conditions set forth in the Adequate Protection Attachment to this Order. 11. G In chapter 13 cases, the trustee shall not make any further payments on account of Movant’s secured claim after entry of this Order. The secured portion of Movant’s claim is deemed withdrawn upon entry of this Order without prejudice to Movant’s right to file an amended unsecured claim for any deficiency. Absent a stipulation or order to the contrary, Movant shall return to the trustee any payments received from the trustee on account of Movant’s secured claim after entry of this Order. (Continued on next page) This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. December 2009 F 4001-1O.CUST F 4001-1O.CUST Order on Motion for Relief from Stay (Custodian of Real Property) - Page 3 of In re (SHORT TITLE) CHAPTER: Debtor(s). CASE NO.: 12. Scope of relief: This Court further orders as follows: a. G This Order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. b. G G G The 14-day stay provided by Bankruptcy Rule 4001(a)(3) is waived. c. d. The provisions set forth in the Extraordinary Relief Attachment shall also apply (attach Optional Form F 4001-1O.ER). See attached continuation page for additional provisions. Dated: UNITED STATES BANKRUPTCY JUDGE This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. December 2009 F 4001-1O.CUST F 4001-1O.CUST Order on Motion for Relief from Stay (Custodian of Real Property) - Page 4 of In re (SHORT TITLE) CHAPTER: Debtor(s). CASE NO.: ADEQUATE PROTECTION ATTACHMENT (MOVANT/LENDER: ___________________________________ (the “Movant”)) (This Attachment is the continuation page for Paragraph 10 of the Order on the Motion.) The stay shall remain in effect subject to the following terms and conditions: 1. G The Debtor(s) shall make regular monthly payments in the amount of $____________________ commencing ___________________. The amount of these payments may be subject to change under the terms of the parties’ original agreements. All payments due Movant hereunder shall be paid to Movant at the following address: 2. G The Debtor(s) shall cure the postpetition default computed through as follows: $ in the sum of a. G In equal monthly installments of $ continuing thereafter through and including b. G G G G By paying the sum of $ on or before , By paying the sum of $ on or before , By paying the sum of $ on or before , c. d. e. each commencing , and Other: 3. G The Debtor(s) shall maintain insurance coverage on the property and shall remain current on all taxes that fall due postpetition with regard to the property. 4. G The Debtor(s) shall file a Disclosure Statement and Plan on or before (specify date): Disclosure Statement shall be approved on or before (specify date): The Plan shall be confirmed on or before (specify date): 5. G Upon any default in the foregoing terms and conditions, Movant shall serve written notice of default to Debtor(s), and any attorney for Debtor(s). If Debtor(s) fails to cure the default within 14 days after mailing of such written notice: a. b. c. d. G G G G The stay shall automatically terminate without further notice, hearing or order. Movant may file and serve a declaration under penalty of perjury specifying the default, together with a proposed order terminating the stay, which the Court may grant without further notice or hearing. The Movant may move for relief from the stay upon shortened notice in accordance with Local Bankruptcy Rules. The Movant may move for relief from the stay on regular notice. (Continued on next page) This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. December 2009 F 4001-1O.CUST F 4001-1O.CUST Order on Motion for Relief from Stay (Custodian of Real Property) - Page 5 of In re (SHORT TITLE) CHAPTER: Debtor(s). CASE NO.: 6. G Notwithstanding anything contained herein to the contrary, the Debtor(s) shall be entitled to a maximum of (number) notices of default and opportunities to cure pursuant to the preceding paragraph. Once a Debtor(s) has defaulted this number of times on the obligations imposed by this Order and has been served with this number of notices of default, Movant shall be relieved of any obligation to serve additional notices of default and provide additional opportunities to cure. If an event of default occurs thereafter, Movant shall be entitled, without first serving a notice of default and providing the Debtor(s) with an opportunity to cure, to file and serve a declaration under penalty of perjury setting forth in detail the Debtor’s(s’) failures to perform hereunder, together with a proposed order terminating the stay, which the Court may enter without further notice or hearing. 7. G The foregoing terms and conditions shall be binding only during the pendency of this bankruptcy case. If, at any time, the stay is terminated with respect to the Property by court order or by operation of law, the foregoing terms and conditions shall cease to be binding and Movant may proceed to enforce its remedies under applicable non-bankruptcy law against the Property and/or against the Debtor(s). 8. G If Movant obtains relief from stay based on Debtor’s(s’) defaults hereunder, the order granting that relief shall contain a waiver of the 14-day stay created by Federal Rule of Bankruptcy Procedure 4001(a)(3). 9. G Movant may accept any and all payments made pursuant to this Order without prejudice to or waiver of any rights or remedies to which it would otherwise have been entitled under applicable non-bankruptcy law. 10. G Other (specify): Judge’s Initials This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. December 2009 F 4001-1O.CUST F 4001-1O.CUST Order on Motion for Relief from Stay (Custodian of Real Property) - Page 6 of In re (SHORT TITLE) CHAPTER: Debtor(s). CASE NO.: NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I. Proposed orders do not generate an NEF because only orders that have been entered are placed on a CM/ECF docket. 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 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 indicated below: I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) - Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) (“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 addressed indicated below: 9 Service information continued on attached page II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL (indicate method for each person or entity served): On _________________________ I served the following person(s) and/or entity(ies) at the last known address(es) in this 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 follow. 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. 9 Service information continued on attached page III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate 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 mailing to the judge will be completed no later than 24 hours after the document is filed. 9 Service information continued on attached page I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. _________________________________________________________ Date Type Name _____________________________________ Signature This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. December 2009 F 4001-1O.CUST F 4001-1O.CUST Order on Motion for Relief from Stay (Custodian of Real Property) - Page 8 of In re (SHORT TITLE) CHAPTER: Debtor(s). CASE NO.: NOTE TO USERS OF THIS FORM: 1) Attach this form to the last page of a proposed Order or Judgment. Do not file as a separate document. 2) The title of the judgment or order and all service information must be filled in by the party lodging the order. 3) Category I. below: The United States trustee and case trustee (if any) will always be in this category. 4) Category II. below: List ONLY addresses for debtor (and attorney), movant (or attorney) and person/entity (or attorney) who filed an opposition to the requested relief. DO NOT list an address if person/entity is listed in category I. NOTICE OF ENTERED ORDER AND SERVICE LIST Notice is given by the court that a judgment or order entitled (specify) was entered on the date indicated as “Entered” on the first page of this judgment or order and will be served in the manner indicated below: I. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) - Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s), the foregoing document was served on the following person(s) by the court via NEF and hyperlink , the following person(s) are currently on the Electronic Mail to the judgment or order. As of Notice List for this bankruptcy case or adversary proceeding to receive NEF transmission at the email address(es) indicated below. 9 Service information continued on attached page II. SERVED BY THE COURT VIA U.S. MAIL: A copy of this notice and a true copy of this judgment or order was sent by United States Mail, first class, postage prepaid, to the following person(s) and/or entity(ies) at the address(es) indicated below: 9 Service information continued on attached page III. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or order which bears an “Entered” stamp, the party lodging the judgment or order will serve a complete copy bearing an “Entered” stamp by U.S. Mail, overnight mail, facsimile transmission or email and file a proof of service of the entered order on the following person(s) and/or entity(ies) at the address(es), facsimile transmission number(s), and/or email address(es) indicated below: 9 Service information continued on attached page This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. December 2009 F 4001-1O.CUST