Motion For Relief From Automatic Stay And Abandonment Of Property Form. This is a Indiana form and can be use in Bankruptcy Court Federal.
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). -1American LegalNet, Inc. www.FormsWorkFlow.com 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.”) -2American LegalNet, Inc. www.FormsWorkFlow.com