Motion For Order Under 362(c)(4)(A)(ii) Confirming No Automatic Stay Is In Effect
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Motion For Order Under 362(c)(4)(A)(ii) Confirming No Automatic Stay Is In Effect Form. This is a Georgia form and can be use in Bankruptcy Court Federal.
Tags: Motion For Order Under 362(c)(4)(A)(ii) Confirming No Automatic Stay Is In Effect, Georgia Federal, Bankruptcy Court
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF GEORGIA
DIVISION
IN RE:
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CASE NO.
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Debtor(s)
)
CHAPTER ______
---------------------------------------------------------------)
_______________________,
)
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Movant
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v.
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CONTESTED MATTER
_______________________,
)
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Respondent(s). )
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MOTION FOR ORDER UNDER § 362(c)(4)(A)(ii)
CONFIRMING NO AUTOMATIC STAY
IS IN EFFECT
COMES NOW Movant and files this Motion under 11 U.S.C. § 362(c)(4)(A)(ii), for an
order confirming that no automatic stay is in effect, showing the Court as follows:
1. Movant holds a security interest on property of Debtor commonly known as _____
___________________, Georgia.
2. This Chapter ____ case was filed on (Date) , and Debtor is an individual.
3. During the one-year period preceding the filing of this case, two or more cases of the
Debtor were pending but were dismissed. Debtor was a debtor in a prior case, Case No.
_________, which was dismissed on (Date) . Debtor was a debtor in a second prior case,
Case No. __________, which was dismissed on (Date) . Neither of the prior cases was a
Chapter 7 case dismissed pursuant to 11 U.S.C. §707(b).
4. No order has been issued under 11 U.S.C. § 362(c)(4)(B) imposing the stay.
5. Movant therefore shows that upon and since the filing of this case, the automatic stay
did not go into effect.
WHEREFORE, Movant respectfully requests that the Court enter an Order confirming
that the automatic stay is not in effect.
(Attorney/Bar No./Address/Telephone)
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CERTIFICATE OF SERVICE
This is to certify that I have this day served counsel for all other parties (or the parties
themselves if not represented by counsel) in the foregoing matter with a copy of the within and
foregoing pleading by depositing in the United States Mail copies of same in a properly
addressed envelope with adequate postage thereon, addressed as follows:
Debtor
Debtor’s Counsel
Trustee
I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND
CORRECT.
Executed on _______________
(Date)
By: _____________________________
(Attorney/Bar No./Telephone)
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