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Order Granting Motion For Relief From Automatic Stay Under 11 USC 362 (Real Property) Form. This is a California form and can be use in USBC Central Federal.
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Tags: Order Granting Motion For Relief From Automatic Stay Under 11 USC 362 (Real Property), F 4001-1O.RP, California Federal, USBC Central
Attorney or Party Name, Address, Telephone & FAX Numbers, and California State Bar Number
FOR COURT USE ONLY
Individual appearing without counsel
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 RELIEF FROM THE AUTOMATIC STAY
UNDER 11 U.S.C. § 362 (Real Property)
(MOVANT:
)
1. The Motion was:
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Contested
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Uncontested
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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):
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See attached page.
3. The Motion is granted under:
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11 U.S.C. § 362(d)(1)
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11 U.S.C. § 362(d)(2)
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11 U.S.C. § 362(d)(3)
11 U.S.C. § 362(d)(4)
4. As to Movant, its successors, transferees and assigns (“Movant”), the stay of 11 U.S.C. § 362(a) is:
a.
b.
c.
5.
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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.
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.
(Continued on next page)
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
January 2009
F 4001-1O.RP
American LegalNet, Inc.
www.FormsWorkflow.com
Order on Motion for Relief from Stay (Real Property) - Page 2 of
In re
(SHORT TITLE)
F 4001-1O.RP
CHAPTER:
Debtor(s).
CASE NO.:
6.
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Movant shall not conduct a foreclosure sale before the following date (specify):
7.
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The stay shall remain in effect subject to the terms and conditions set forth in the Adequate Protection Attachment to this Order.
8.
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9.
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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.
The filing of the petition was part of a scheme to delay, hinder, and defraud creditors that involved either:
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transfer of all or part ownership of, or other interest in, the Property without the consent of the secured creditor or court
approval.
multiple bankruptcy filings affecting the Property.
If recorded in compliance with applicable state laws governing notices of interest or liens in the Property, this Order is binding and
effective under 11 U.S.C. § 362(d)(4)(A) and (B) in any other bankruptcy case purporting to affect the Property filed not later than
two (2) years after the date of entry of this Order, except that a debtor in a subsequent bankruptcy case may move for relief from
this Order based upon changed circumstances or for good cause shown, after notice and a hearing. Any federal, state or local
governmental unit that accepts notices of interests or liens in real property shall accept a certified copy of this Order for indexing
and recording.
10.
This Court further orders as follows:
a.
b.
c.
d.
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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.
The 10-day stay provided by Bankruptcy Rule 4001(a)(3) is waived.
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.
January 2009
F 4001-1O.RP
American LegalNet, Inc.
www.FormsWorkflow.com
F 4001-1O.RP
Order on Motion for Relief from Stay (Real Property) - Page 3 of
In re
(SHORT TITLE)
CHAPTER:
Debtor(s).
CASE NO.:
ADEQUATE PROTECTION ATTACHMENT
(MOVANT: ________________________________)
(This Attachment is the continuation page for Paragraph 7 of the Order on the Motion.)
The stay shall remain in effect subject to the following terms and conditions:
1.
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2.
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3.
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The Debtor(s) tendered payments at the hearing in the amount of $
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:
The Debtor(s) shall cure the postpetition default computed through
as follows:
$
a.
b.
c.
d.
e.
4.
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5.
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6.
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.
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In equal monthly installments of $
continuing thereafter through and including
in the sum of
each commencing
,
and
By paying the sum of $
on or before
,
By paying the sum of $
on or before
,
By paying the sum of $
on or before
,
Other:
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.
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):
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) 10 calendar days after mailing of such written notice:
a.
b.
c.
d.
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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.
January 2009
F 4001-1O.RP
American LegalNet, Inc.
www.FormsWorkflow.com
Order on Motion for Relief from Stay (Real Property) - Page 4 of
In re
(SHORT TITLE)
CHAPTER:
Debtor(s).
7.
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8.
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9.
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10.
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11.
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F 4001-1O.RP
CASE NO.:
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 failures to perform hereunder, together
with a proposed order terminating the stay, which the Court may enter without further notice or hearing.
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).
If Movant obtains relief from stay based on Debtor’s(s’) defaults hereunder, the order granting that relief shall contain a waiver of
the 10-day stay created by Federal Rule of Bankruptcy Procedure 4001(a)(3).
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.
Other (specify):
Judge’s Initials
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
January 2009
F 4001-1O.RP
American LegalNet, Inc.
www.FormsWorkflow.com
Order on Motion for Relief from Stay (Real Property) - Page 5 of
In re
(SHORT TITLE)
F 4001-1O.RP
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.
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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.
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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.
January 2009
F 4001-1O.RP
American LegalNet, Inc.
www.FormsWorkflow.com
Order on Motion for Relief from Stay (Real Property) - Page 6 of
In re
(SHORT TITLE)
F 4001-1O.RP
CHAPTER:
Debtor(s).
CASE NO.:
ADDITIONAL SERVICE INFORMATION (if needed):
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
January 2009
F 4001-1O.RP
American LegalNet, Inc.
www.FormsWorkflow.com
Order on Motion for Relief from Stay (Real Property) - Page 7 of
In re
(SHORT TITLE)
F 4001-1O.RP
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
to the judgment or order. As of
, the following person(s) are currently on the Electronic Mail
Notice List for this bankruptcy case or adversary proceeding to receive NEF transmission at the email address(es) indicated
below.
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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:
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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:
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Service information continued on attached page
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
January 2009
F 4001-1O.RP
American LegalNet, Inc.
www.FormsWorkflow.com
Order on Motion for Relief from Stay (Real Property) - Page 8 of
In re
(SHORT TITLE)
F 4001-1O.RP
CHAPTER:
Debtor(s).
CASE NO.:
ADDITIONAL SERVICE INFORMATION (if needed):
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
January 2009
F 4001-1O.RP
American LegalNet, Inc.
www.FormsWorkflow.com
