Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
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.
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). -1- American LegalNet, Inc. www.FormsWorkFlow.com 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.) -2- American LegalNet, Inc. www.FormsWorkFlow.com