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Order On Motion For Relief From Automatic Stay Form. This is a California form and can be use in USBC Eastern Federal.
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Tags: Order On Motion For Relief From Automatic Stay, EDC 003-205, California Federal, USBC Eastern
COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 1 2 3 4 In re: -against- UNITED STATES BANKRUPTCY COURT : Plaintiff(s) JUDICIAL SUBPOENA EASTERN DISTRICT : OF CALIFORNIA SACRAMENTO CALIFORNIA : ) Case. No. -D-13 : ) 5 ) Defendant(s) ) : D.C. No. ...................................................... 6 ) ) 7 ) Debtor(s). ) THE PEOPLE OF THE STATE OF NEW YORK 8 _____________________________ ) ) TO 9 ) ) 10 ) ) Date: Movant(s), 11 ) Time: 9:30 a.m. GREETINGS: ) Place: Courtroom 34 vs. 12 WE COMMAND YOU, that all business and excuses being laid aside, 501and each of you attend before ) you I Street, 6th Floor ) Sacramento, CA 95814 , the Honorable at the Court 13 ) located at County of ) in room , on the day of , 20 ,) at o'clock in the noon, and at any recessed 14 or adjourned date, to testify and give evidence as a witness in this action on the part of the ) Respondent(s). 15 ) ) 16 ______________________________) Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 17 result of your failure to comply. ORDER ON MOTION FOR RELIEF FROM AUTOMATIC STAY A hearing on the above-referenced motion the Justices of the the was held at , one of 19 Witness, Honorable Court in date, time and place set forth above. Appearances were noted on County, day of , 20 20 the record. For the reasons set forth on the record and in the 21 (Attorney must minutes of the proceedings, it is herebysign above and type name below) 22 ORDERED, that this order pertains to the property described 23 Attorney(s) for on Exhibit A. 24 ORDERED, that the motion is granted to the extent set forth 25 herein. Office and P.O. Address 26 ORDERED, that continuation of the automatic stay is 27 28 EDC.003-205 (11/2004) 18 Telephone No.: Facsimile No.: -1E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 1 2 3 4 5 6 7 conditioned as follows: The automatic stay shall remain in effect : Plaintiff(s) JUDICIAL SUBPOENA if the debtor(s) -against- : : : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK 8 9 TO 10 11 GREETINGS: 12 WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court ORDERED, located at the debtor(s) fail to do any of the that if 13of County in room foregoing, the court will 20 , on the day of , modify the o'clock in the , at noon, to permit the automatic stay and at any recessed 14 or adjourned date, to testify and give evidence as a witness in this action on the part of the 15 16 movant to foreclose and to obtain possession of the subject real property following the sale, all in accordance with applicable Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a the declaration of a competent 17 non-bankruptcy law, based on maximum penalty of $50 and all damages sustained as a result of your failure to comply. 18 Court in witness. Any declaration of default and proposed order shall be 19 20 21 22 23 24 25 26 27 28 Witness, Honorable , one of the Justices of the served by facsimile on the debtor(s)' counsel three court days County, day of , 20 before submission to the court, and the transmittal to the court shall include proof of such service. must signonly relevant The above and type name below) (Attorney opposition to the creditor's declaration of default will consist of a showing that the claimed default did not occur. Attorney(s) for Any order terminating the automatic stay shall be served on the debtor(s), debtor(s)' counsel, the chapter 13 trustee and the holders of all junior liens. Office and P.O. Address EDC.003-205 (10/2003) Telephone No.: Facsimile No.: -2E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 1 2 3 4 5 6 7 8 9 10 ORDERED, that this motion may be restored to calendar not : Plaintiff(s) JUDICIAL SUBPOENA more than -against-should the debtor(s) default in post-petition once : mortgage payments during the period : : Defendant(s) : ...................................................... ORDERED, that if the motion is restored to calendar pursuant to the foregoing paragraph: (A) movant shall file a supplemental declaration, an updated Information Sheet (complying with LBR 4001-1(c)), verified payment history (complying with LBR 4001- THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: 11 1(d)(1)(i), and statement compliant with LBR 4001-1(d)(ii)or(iii) or LBR 4001-1(d)(2), if and excuses being in the Sacramento Division not 12 WE COMMAND YOU, that all business applicable, laid aside, you and each of you attend before , the Honorable at the Court 13 located at County of less than fifteen calendar days prior to the hearing, (B) movant in room , day of , , at o'clock the serve notice of the20 restored motionin(with noon, and at anythe copies of recessed 14 shallon the or adjourned date, to testify and give evidence as a witness in this action on the part of the 15 16 required supplemental documentation, detailed above) not less than fifteen calendar days prior to the hearing, plus three days Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party onfor mailing,subpoena was issued for a maximum penalty of $50 and all damages sustained as a whose behalf this (C) pursuant to LBR 1001-1(f), LBR 4001-1(a) and LBR 17 result of your failure to comply. 18 9014-1(f)(3), opposition, if any, shall be in writing and shall Witness, Honorable , one of the Justices of the 19 be filed in the Sacramento Division and served not less than seven Court in County, day of , 20 20 21 22 23 24 25 26 27 28 calendar days prior to the hearing, (D) the act of restoring the motion to calendar shall constitute movant's consent below) it is (Attorney must sign above and type name that movant's responsibility, if necessary, to obtain the opposition, if any, from the co