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Order Granting Motion For Relief From The Automatic Stay Under 11 USC 362 (Action) 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 The Automatic Stay Under 11 USC 362 (Action), F 4001-1O.NA, 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 (Action in Non-bankruptcy Forum)
(MOVANT:
)
1. The Motion was:
Contested
Uncontested
Settled by stipulation
2. The Motion affects the following non-bankruptcy case or administrative proceeding:
Case name:
Docket number:
Court or agency where pending:
3. The Motion is granted under:
11 U.S.C. § 362(d)(1)
11 U.S.C. § 362(d)(2)
4. As to Movant, its successors, transferees and assigns (“Movant”), the stay of 11 U.S.C. § 362(a) is:
a.
Terminated as to Debtor(s) and Debtor’s(s’) estate.
b.
Annulled retroactively to the date of the bankruptcy petition filing.
c.
Modified or conditioned as set forth in Exhibit
to this Order.
5. Movant may proceed in the non-bankruptcy forum to final judgment (including any appeals) in accordance with applicable nonbankruptcy law.
6. Limitations on Enforcement of Judgment: Movant is permitted to enforce its final judgment only by (specify all that apply):
a.
Collecting upon any available insurance in accordance with applicable non-bankruptcy law.
b.
Proceeding against the Debtor(s) as to NON-estate property or earnings.
(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.NA
Order on Motion for Relief from Stay (Non-bankruptcy Action) - Page 2 of
In re
(SHORT TITLE)
F 4001-1O.NA
CHAPTER:
Debtor(s).
CASE NO.:
7. This Court further orders as follows:
a.
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.
The 14-day stay provided by Bankruptcy Rule 4001(a)(3) is waived.
c.
The provisions set forth in the Extraordinary Relief Attachment shall also apply (attach Optional Form F 4001-1O.ER).
d.
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.NA
Order on Motion for Relief from Stay (Non-bankruptcy Action) - Page 3 of
In re
(SHORT TITLE)
F 4001-1O.NA
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.NA
F 4001-1O.NA
Order on Motion for Relief from Stay (Non-bankruptcy Action) - Page 4 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.NA
