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Motion For Relief From Co Debtor Stay And Notice Of Objection Deadline Form. This is a Indiana form and can be use in Bankruptcy Court Federal.
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Tags: Motion For Relief From Co Debtor Stay And Notice Of Objection Deadline, Indiana Federal, Bankruptcy Court
B-4001-1 - Revised 6/1/10
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF INDIANA
In re:
)
)
)
)
)
Debtor (s)
Case No.
MOTION FOR RELIEF FROM CO-DEBTOR STAY
AND NOTICE OF OBJECTION DEADLINE
(Intended for use by a secured creditor.)
The creditor, (name of creditor), hereby moves the Court, pursuant to 11 U.S.C.
§1301(c), for relief from the co-debtor stay as to (name of co-debtor); and in support of
this motion, the creditor states the following:
1.
The debtor(s) filed a Chapter (7,13) 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
(describe collateral), referred to as “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.
(If applicable) 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 Note).
4.
(If applicable) The creditor perfected an interest in the Property, as shown
in a (select one):
Option A:
(Mortgage, UCC financing statement, a certificate of
title) filed with the (name of filing office) on (date).
Evidence of perfection is attached as “Exhibit B”;
Option B:
Proof of Claim (#) (option available if documents
showing perfection are attached to POC).
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B-4001-1 - Revised 6/1/10
5.
(If applicable) 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 creditor is entitled to relief from the co-debtor stay because [provide
information and cite to §1301(c)(1), (2), or (3) as applicable].
PLEASE TAKE NOTICE THAT any objection must be filed with the Bankruptcy Clerk
within 14 days of the date of this notice [or such other time period as may be permitted
by Fed.R. Bankr.P. 9006(f)]. Those not required or not permitted to file electronically
must deliver any objection by U.S. mail, courier, overnight/express mail, or in person at:
(Select the appropriate address. Any Indianapolis case
must list the address exactly as shown below.)
Indianapolis
116 U.S. Courthouse
46 E. Ohio St.
P.O. Box 44978
Indianapolis, IN 46244
Evansville
352 Federal Bldg.
101 NW M.L. King Blvd.
Evansville, IN 47708
New Albany
110 U.S. Courthouse
121 W . Spring St.
New Albany, IN 47150
Terre Haute
Federal Building
921 Ohio Street
Terre Haute, IN 47807
The objecting party must ensure delivery of the objection to the party filing the motion.
If an objection is NOT timely filed, the requested relief may be granted.
WHEREFORE, the creditor moves the Court to enter an order lifting the co-debtor stay
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.”)
(Note: Ensure service on co-debtor.)
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