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Motion For Relief From Automatic Stay To Enter Into Loan Modification Agreement Form. This is a Missouri form and can be use in Bankruptcy Court Federal.
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Tags: Motion For Relief From Automatic Stay To Enter Into Loan Modification Agreement, Missouri Federal, Bankruptcy Court
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
In re
____________________,
Debtor(s).
)
)
)
)
)
Case No. _________________
Chapter 13
MOTION FOR RELIEF FROM AUTOMATIC STAY TO ENTER INTO LOAN
MODIFICATION AGREEMENT
PLEASE TAKE NOTICE: ANY RESPONSIVE PLEADING IN OPPOSITION TO THIS MOTION
MUST BE FILED IN WRITING NO LATER THAN 10 DAYS FROM THE DATE OF SERVICE OF
THIS MOTION AS SHOWN ON THE CERTIFICATE OF SERVICE. THE CHAPTER 13
TRUSTEE SHALL FILE A RESPONSE WITHIN THAT TIME STATING WHETHER THE
CHAPTER 13 TRUSTEE OPPOSES THE RELIEF SOUGHT IN THE MOTION. ANY RESPONSE
MUST BE SERVED AT THE TIME OF FILING UPON THE MOVANT. THE COURT MAY
GRANT THE MOTION WITHOUT FURTHER NOTICE TO ANY PARTY UPON EXPIRATION
OF THE RESPONSE PERIOD IF NO RESPONSE IN OPPOSITION IS FILED. IF A RESPONSE
IN OPPOSITION IS FILED, THE MOVANT SHALL SET THE MATTER FOR HEARING AND
PROVIDE NOTICE THEREOF TO THE RESPONDENT. SHOULD THE RESPONSE IN
OPPOSITION BE RESOLVED PRIOR TO THE HEARING, THE HEARING MAY BE CANCELED
UPON NOTICE OF SUCH RESOLUTION TO THE COURT, AND THE COURT MAY GRANT
THE MOTION WITHOUT FURTHER NOTICE TO ANY PARTY.
The Debtor(s), _______________, file(s) this Motion for Relief from Automatic Stay to
Enter into Loan Modification Agreement (the “Motion”), and, in support thereof, would show the
Court the following.
1.
The Court has jurisdiction of this Motion pursuant to 28 U.S.C. §§ 157(a) and 1334(a)
and Local Rule 9.01(B)(1) of the United States District Court for the Eastern District of
Missouri. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(G).
2.
As authorized by prior Order of this Court, the Debtor(s) have conducted negotiations
with the Debtor’s(s’) current mortgage lender, ____________ (the “Lender”), in an
attempt to reach agreement on a modification of the loan secured by the Debtor’s(s’)
residential real estate located at _____________, MO 63___ (the “Loan”). The Debtor(s)
and the Lender have reached such an agreement to modify the Loan (the “Agreement”).
3.
The terms of the Agreement are as follows:
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Current Mortgage
Modified Mortgage
Principal Balance
Delinquent Interest Owed
Escrow Advances
Interest Rate
Term
Monthly Principal/Interest
Monthly Tax/Insurance
Other:
4.
The Debtor(s) request that the Automatic Stay be lifted for the limited purpose of
allowing the Debtor(s) and the Lender to enter into the Agreement.
5.
Should the Court grant the relief sought in this Motion, the Debtor(s) and/or the Lender
will immediately file any amendments of claim or Chapter 13 plan necessary to
implement the Agreement.
WHEREFORE, premises considered, the Debtor(s) request that the Court grant the relief
requested in this Motion and any other such relief to which the Debtor(s) may be entitled.
Respectfully Submitted,
_____________________________
(Debtor or attorney signature block)
CERTIFICATE OF SERVICE
(Debtor(s) add certificate of service.)
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