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: CASE NO.: DIVISION CHAPTER: SELECT CHAPTER TRUSTEE'S NOTICE OF MOTION AND MOTION FOR ORDER CONTINUING THE AUTOMATIC STAY UNDER 11 U.S.C. § 362(h)(2), FOR ADEQUATE PROTECTION AND FOR DELIVERY OF PERSONAL PROPERTY IN INDIVIDUAL CASE (with supporting declarations) DATE: TIME: COURTROOM: Debtor(s). Movant: _________________________________________________________________________________________ 1. NOTICE IS HEREBY GIVEN to (Secured Creditor/Lessor), and affected creditors (Responding Parties), their attorneys (if any), and other interested parties that on the above date and time and in the stated courtroom, Movant in the above-captioned matter will move this court for an Order continuing the automatic stay and related relief as to the personal property described and on the grounds set forth in the attached Motion. 2. Hearing Location: 255 East Temple Street, Los Angeles, CA 90012 21041 Burbank Boulevard, Woodland Hills, CA 91367 3420 Twelfth Street, Riverside, CA 92501 3. 411 West Fourth Street, Santa Ana, CA 92701 1415 State Street, Santa Barbara, CA 93101 a. This motion is being heard on REGULAR NOTICE pursuant to LBR 9013-1. If you wish to oppose this motion, you must file a written response to this motion with the court and serve a copy of it upon the Movant's This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 1 F 4001-1.CONT.STAY.TRUSTEE.MOTION attorney (or upon Movant, if the motion was filed by an unrepresented individual) at the address set forth above no less than 14 days before the above hearing and appear at the hearing of this motion. b. This motion is being heard on SHORTENED NOTICE. If you wish to oppose this motion, you must appear at the hearing. Any written response or evidence must be filed and served: at the hearing at least days before the hearing. (1) An Application for Order Setting Hearing on Shortened Notice was not required (according to the calendaring procedures of the assigned judge). An Application for Order Setting Hearing on Shortened Notice was filed per LBR 9075-1(b) and was granted by the court and such motion and order has been or is being served upon the Secured Creditor/Lessor and parties in interest. An Application for Order Setting Hearing on Shortened Notice has been filed and remains pending. Once the court has ruled on that motion, you will be served with another notice or an order that will specify the date, time and place of the hearing on the attached motion and the deadline for filing and serving a written opposition to the motion. (2) (3) 4. You may contact the Clerk's Office or use the court's website (www.cacb.uscourts.gov) to obtain a copy of an approved court form for use in preparing your response (optional court form F 4001-1.RESPONSE), or you may prepare your response using the format required by LBR 9004-1 and the Court Manual. If you fail to file a written response to the motion or fail to appear at the hearing, the court may treat such failure as a waiver of your right to oppose the motion and may grant the requested relief. Date: Print name of law firm (if applicable) Signature of individual Movant or attorney for Movant Print name of individual Movant or attorney for Movant This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 2 F 4001-1.CONT.STAY.TRUSTEE.MOTION TRUSTEE'S MOTION FOR ORDER CONTINUING THE STAY, ETC. Movant: ________________________________________________________________ 1. The Property or Debt at Issue: a. Under 11 U.S.C. § 362(h)(2) Movant moves for an order continuing the automatic stay with respect to the following personal property (Property) : Vehicle (describe year, manufacturer, type, and model): Vehicle Identification Number: Location of vehicle (if known): Equipment (describe manufacturer, type, and characteristics): Serial number(s): Location (if known): Other Personal Property (describe type, identifying information, and location): b. The Secured Creditor/Lessor has a claim in the amount of $ which is allegedly secured in whole or in part by the Property. The following parties in addition to the Secured Creditor/Lessor have an alleged security interest in the Property to secure the sums as shown (attach continuation pages naming secured creditors and amounts owed) 2. Case History: a. A voluntary An involuntary petition under chapter the present case on (specify date): An Order of Conversion to chapter . Plan was confirmed on (specify date): 7 11 12 13 7 11 12 13 was filed concerning b. was entered on (specify date): c. d. . Other bankruptcy cases affecting this Property have been pending within the past year preceding the petition date in this case. See attached Declaration (if previously dismissed give dismissal dates, if any, and reasons for dismissal, for each case as applicable). As of the date of this motion the Debtor has has not filed a statement of intentions regarding this has Property as required under 11 U.S.C. § 521(a)(2). If a statement of intentions has been filed, Debtor has not performed as promised therein. e. This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 3 F 4001-1.CONT.STAY.TRUSTEE.MOTION f. The first date set for the meeting of creditors under 11 U.S.C. § 341(a) is/was and the court has has not fixed a later date for performance by Debtor of the obligations described at 11 U.S.C. . § 521(a)(2). The extended date (if applicable) is In a previous case involving the Debtor there was, as of the dismissal of that case, an action by the Secured Creditor/Lessor under 11 U.S.C. § 362(d) still pending, or that action had been resolved by an order terminating, conditioning or limiting the stay as to the Secured Creditor/Lessor. g. 3. Grounds for Continuing The Stay: a. 1. Pursuant to 11 U.S.C. §362(h)(2) cause exists for continuing the stay as follows: The Property is of consequential value or benefit to the estate because the fair market value of the Property is greater than all liens on the property (describe separately as to each property): A. (1