Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Order RE Motion In Individual Case For Order Confirming Termination Of Stay Form. This is a California form and can be use in USBC Central Federal.
Loading PDF...
Tags: Order RE Motion In Individual Case For Order Confirming Termination Of Stay, F 4001-1.ORDER.TS, California Federal, USBC Central
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
DIVISION
CASE NO.:
In re:
CHAPTER:
ORDER RE MOTION IN
INDIVIDUAL CASE FOR ORDER
CONFIRMING TERMINATION OF
STAY WITH RESPECT TO DEBTOR
[11 U.S.C. § 362(c)(3)] OR THAT
NO STAY IS IN EFFECT [11 U.S.C.
§ 362(c)(4)(A)(ii)]
Debtor(s).
DATE:
TIME:
COURTROOM:
PLACE:
(MOVANT:
1. The motion was:
opposed
The motion is DENIED:
2.
grounds:
a.
b.
c.
d.
e.
)
unopposed
without prejudice
with prejudice
on the following
Based upon the findings and conclusions made on the record at the hearing
Unexcused non-appearance by movant
Lack of proper service
Lack of cause
Other (specify):
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
October 2009
Page 1
F 4001-1.ORDER.TS
3.
The motion is GRANTED on ONE of the following grounds (select one):
a.
b.
4.
Pursuant to 11 U.S.C. § 362(c)(3), a single or joint case filed by or against the debtor was pending but
dismissed within the year ending on the petition date of this case, the dismissed case was not a case
refiled under a chapter other than chapter 7 following dismissal under 11 U.S.C. § 707(b), and 30 days
have elapsed since the filing of the petition in the above-entitled case and no order has been entered
continuing the stay; or
Pursuant to 11 U.S.C. § 362(c)(4)(A)(ii), two or more single or joint cases filed by or against the debtor
were pending but dismissed within the year ending on the petition date of this case and none of the
dismissed cases was refiled under a chapter other than chapter 7 after dismissal under 11 U.S.C. §
707(b).
Based upon the motion being granted, this order CONFIRMS that (select one):
a.
b.
5.
Under 11 U.S.C. § 362(c)(3) the automatic stay has been terminated with respect to the debtor; or
Under 11 U.S.C. § 362(c)(4)(A)(ii) no stay was ever in effect in this case.
The motion is settled by stipulation. A stipulation containing all required signatures has been filed separately.
a,
b.
6.
The stipulation is APPROVED and its operative terms are ORDERED by the court; or
The stipulation is NOT APPROVED.
Additional provisions (if any):
a.
See attached continuation page; or
b.
Insert provisions here:
Date:
________________________________________________
UNITED STATES BANKRUPTCY JUDGE
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
October 2009
Page 2
F 4001-1.ORDER.TS
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 ORDER RE MOTION IN INDIVIDUAL CASE FOR
ORDER CONFIRMING TERMINATION OF STAY UNDER 11 U.S.C. § 362(c)(3) OR THAT NO STAY IS IN
EFFECT UNDER 11 U.S.C. § 362(c)(4)(A)(ii) 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 LBR(s), 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) indicated below:
This is 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 the CM/ECF docket.
II. SERVED BY UNITED STATES MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served):
I served the following person(s) and/or entity(ies) at the last known
On
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
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
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 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 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.
October 2009
Page 3
F 4001-1.ORDER.TS
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 ORDER RE MOTION IN INDIVIDUAL CASE
FOR ORDER CONFIRMING TERMINATION OF STAY UNDER 11 U.S.C. § 362(c)(3) OR THAT NO STAY IS
IN EFFECT UNDER 11 U.S.C. § 362(c)(4)(A)(ii) was entered on the date indicated as AEntered@ 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 (ANEF@) B Pursuant to controlling General Order(s)
and LBR(s), the foregoing document was served on the following person(s) by the court via NEF and hyperlink to the
, the following person(s) are currently on the Electronic Mail
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.
Service information continued on attached page
II. SERVED BY THE COURT VIA UNITED STATES 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:
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 AEntered@ stamp, the party lodging the judgment or order will serve a complete copy bearing an AEntered@ stamp
by United States 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:
Service information continued on attached page
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
October 2009
Page 4
F 4001-1.ORDER.TS