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Consent Order And Stipulation In Settlement Of Motion For Relief Form. This is a Missouri form and can be use in Bankruptcy Court Federal.
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Tags: Consent Order And Stipulation In Settlement Of Motion For Relief, Missouri Federal, Bankruptcy Court
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
In the Matter of:
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Debtor(s) Name(s)
Movant Name
vs.
Respondent Name(s)
Case No. 0X-XXXXX-XXX
Chapter 13
Hearing Date:
Hearing Time:
Continued Date:
Continued Time:
CONSENT ORDER AND
STIPULATION IN SETTLEMENT OF MOTION FOR RELIEF
COME NOW, the parties and agree to the following Consent Order and
Stipulation in settlement of the Movant's Motion for Relief:
1. On, _____________ Movant filed its Motion for Relief from the Automatic Stay
with respect to the property known as ________________________________.
2. The parties agree that the total post-petition delinquency including fees and
costs is $____________ through _________________[date]. Movant is not adequately
protected if post-petition payments are not made by the Debtor.
3. Debtor will cure this post-petition delinquency by making the following
additional payments no later than the dates indicated in this paragraph.
DUE DATE
AMOUNT DUE
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4.
Debtor shall make all monthly post-petition payments as they become due
to the address provided by Movant in the monthly mortgage statement.
5.
Movant’s attorney’s fees and costs sought in the Motion, or any balance
thereon, are included in the total post-petition arrearages stated above and are hereby
granted and assessed against the Debtor in the total amount of $XXX.00. (Amount not
to be more than $600 for attorney’s fees plus filing fee).
6.
Debtor authorizes Movant to mail to Debtor: (1) monthly mortgage
statements; (2) account statements including an escrow analysis; and (3) notices
regarding address or payment changes provided such a change is authorized by the
Note and Deed of Trust. Debtor consents to direct contact by mail for purposes of
receiving this information and waives any claim for violation(s) of the automatic stay
regarding the same.
7.
The terms of this Stipulation and the agreement reached between the
parties shall remain in effect so long as the automatic stay remains in effect as to this
Movant. In the event the automatic stay shall no longer remain in effect as to Movant,
this Stipulation shall become null and void. In the event the case is converted to
another Chapter under Title 11 and pre-petition and post-petition arrearages remain
unpaid, Movant shall be granted relief from the automatic stay after providing the notice
as set forth in the following paragraphs.
8.
[OPTIONAL] Parties agree that in the past, Debtor has tendered payment
by a personal check, which has been returned for insufficient funds. Parties agree
Debtor shall make payments under Paragraphs 3 and 4 in the form of certified funds,
including cashier’s check, money order, or Western Union.
It is Ordered, Adjudged and Decreed that in the event the Debtor fails to
comply with any of the conditions specified in this Stipulation and Order, the Movant
shall file a written Notice of Breach with the Court, and serve a copy upon the Trustee,
counsel for the Debtor, and the Debtor. Such Notice shall include a statement of any
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alleged breach, including an itemization of all delinquent payments and the total amount
necessary to cure the breach. Movant shall be allowed attorney’s fees in the amount of
$50.00 for the preparation of any Notice of Breach under this paragraph and such fees
shall be included in the total amount required to cure the delinquency. Movant shall be
allowed additional attorney’s fees in the amount of $100 for attendance at each hearing
related to a Notice of Breach.
It Is Further Ordered, Adjudged and Decreed that if the Debtor fails to cure the
delinquency in full or fails to file an objection to the Notice of Breach within 14 (fourteen)
days of the date of the Notice, Movant shall be entitled to immediate relief from the
automatic stay of 11 U.S.C. §362(a) without further notice or hearing upon entry of an
order for relief. For such purposes, Movant shall be free to exercise all of its rights and
remedies under the Promissory Note, Deed of Trust, or as may otherwise be provided
for by law.
An order entered under this paragraph shall not be stayed until the
expiration of 14 days after the entry of the order. All other relief requested by Movant is
hereby denied without prejudice as settled.
/s/ Debtor’s Attorney
Debtor’s Attorney
Address
City, State, Zip
Telephone
Facsimile
Email address
/s/ Creditor’s Attorney
Creditor’s Attorney
Address
City, State, Zip
Telephone
Facsimile
Email address
DATED:
SO ORDERED:
____________________________
Judge Name
U.S. BANKRUPTCY JUDGE
Rev. 04/2010
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COPIES TO:
Creditor’s Attorney
Attorneys for Movant
Address
City, State, Zip
Debtor’s Attorney
Attorneys for Debtor
Address
City, State, Zip
Debtor
Address
City, State, Zip
John V. LaBarge, Jr.
Office of the Chapter 13 Trustee
Chapter 13 Trustee
PO Box 430908
St. Louis, MO 63143
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