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Motion For Relief From Automatic Stay And Abandonment Of Property Form. This is a Indiana form and can be use in Bankruptcy Court Federal.
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Tags: Motion For Relief From Automatic Stay And Abandonment Of Property, Indiana Federal, Bankruptcy Court
B-4001-1 – Created 10/7/2011
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF INDIANA
In re:
Debtor (s)
)
)
)
)
)
Case No
MOTION FOR [(RELIEF FROM AUTOMATIC STAY)
AND/OR (ABANDONMENT OF PROPERTY)]
(Intended for use by secured creditor in a Chapter 11 only)
(If waiving 30-day hearing requirement, caption must also contain: “WITH 30-DAY
WAIVER.”)
The creditor, (name of creditor), hereby moves the Court, pursuant to 11 U.S.C. §362(d)
and §554, to [(lift the automatic stay on) and/or (abandon from the estate)] the following
(real/personal) property:
(Describe real property by commonly known address or describe personal
property) - referred to as the ”Property.”
In support of the motion, the creditor states the following:
1.
The debtor(s) filed a Chapter 11 case on (date) - referred to as the
“Petition Date.”
2.
As of the Petition Date, the creditor was the holder of a claim secured by
the Property, more particularly described in the (select one):
Option A:
(Mortgage, UCC financing statement, certificate of
title) - a copy of which is attached as “Exhibit A”;
Option B:
Proof of Claim (#), (option available if documents are
attached to POC).
3.
The above described (mortgage/security interest) was given to secure a
promissory note - referred to as the “Note” - dated (date) and made
payable to the creditor in the original sum of (original sum of the Note).
4.
The creditor perfected an interest in the Property, more particularly
described in a (select one):
Option A:
(Mortgage, UCC financing statement, certificate of
title) with the (name of filing office) on (date).
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B-4001-1 – Created 10/7/2011
Evidence of perfection is attached as “Exhibit B”;
Option B:
Proof of Claim (#), (option available if documents
showing perfection are attached to POC).
5.
As of the date of the filing of this motion, the outstanding principal of the
Note was (principal amount) and the outstanding interest was (interest
amount).
6.
The Property is (burdensome to the estate or is of inconsequential value
and benefit to the estate). Cause exists to lift the automatic stay since the
interest of the creditor is not being adequately protected (list other reasons
if applicable).
7.
(If 30-day hearing requirement is waived) The creditor hereby waives the
right under 11 U.S.C. §362(e) to a hearing on this motion within thirty (30)
days of the date it is filed.
WHEREFORE, the creditor moves the Court to enter an order [(lifting the automatic
stay) and/or (abandoning the Property)], and granting such other relief as appropriate.
/s/ Counsel for Creditor_____________
Counsel for Creditor
(required signature block)
CERTIFICATE OF SERVICE
(See the form “Certificate of Service - Generic” on the Court’s
website under “Bankruptcy Forms and Instructions.”)
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