COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) Mont. LBF 8. Motion -against- Stay. to Modify Calendar No. : JUDICIAL SUBPOENA : : Name of Attorney/Party in Interest Address : Phone Number Defendant(s) [If applicable: : ...................................................... (Attorney for ___________) State Bar I.D. Number ___________] THE PEOPLE OF THE STATE OF NEW YORK BANKRUPTCY COURT UNITED STATES FOR THE DISTRICT OF MONTANA TO In re ) Case No. ) ) GREETINGS: ) WE COMMAND YOU, that all business )and excuses being laid aside, you and each of you attend before Debtor(s). )at the , the Honorable Court -----------------------------------------------------------------------------------------------------------------located at County of in room , on the MOTION TO MODIFY STAY, AND NOTICE the day of , 20 , at o'clock in noon, and at any recessed or-----------------------------------------------------------------------------------------------------------------adjourned date, to testify and give evidence as a witness in this action on the part of the The Motion of ________________ (hereinafter “Creditor”) respectfully represents: 1. The Debtor(s) filed a Petition in this is punishable as a contempt of the and will make you Your failure to comply with this subpoena Court under Chapter ____of courtBankruptcy Code liable to on the____ day of __________, 20__. issued for a maximum penalty of $50 and all damages sustained as a the party on whose behalf this subpoena was result of your failure to comply. 2. Creditor is the holder of a secured claim against the Debtor(s), and pursuant to Mont. LBR 4001-1, provides the following information: Witness, Honorable , one of the Justices of the Court in County, day of , 20 (a) The present balance owing to Creditor, excluding any precomputed interest or other unearned charges, is $ ________________ . (Attorney must sign above and type name below) (b) The date upon which the subject debt was incurred was _____________. (c) Creditor holds a security interest or lien upon the following described Attorney(s) for property of the estate: _________________________________________________________________ _________________________________________________________________ Office and P.O. Address (d) The nature of Creditor’ security interest, the date upon which the security s interest was obtained, and the date upon which the security interest was perfected are as follows: ________________________________________ Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA _________________________________________________________________. -against- : Creditor has attached copies of all security agreements, financing statements, titles, and : other perfection documents necessary to prove the validity of its security interest to its Proof of Claim on file herein, as required by Mont. LBR 4001-1; or if no Proof of Claim : has been filed, such documents are attached to this Motion. Defendant(s) : ...................................................... (e) A description of Creditor’ collateral, including its location, is as follows: s __________________________________________________________________ THE PEOPLE OF _________________________________________________________________. THE STATE OF NEW YORK TO (f) GREETINGS: (g) A description of, and the amounts due upon, any other security interests which have priority over that of Creditor are as follows: _________________________________________________________________ The fair market value of Creditor’ collateral is $ ______________. s WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before _________________________________________________________________. , the Honorable at the Court located at County of (h) the the debtorof in default, ,the number of defaulted installments and and at any recessed in room , on If day is 20 , at o'clock in the noon, the total or adjourned date,amount in default evidence as a witness in this action on the part of the to testify and give are as follows: _________________________________________________________________ _________________________________________________________________. will make you liable to Your failure to comply with this subpoena is punishable as a contempt of court and the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a (i) comply. result of your failure to This Motion is made under and pursuant to the following subsection of 11 U.S.C. § 362: ________. Witness, Honorable , one of the Justices of the (j) County,facts which are relevant ,in determining whether relief should be Other Court in day of 20 granted are as follows: __________________________________________________________________ name below) (Attorney must sign above and type _________________________________________________________________. 3. Creditor further represents that in the event theAttorney(s) for this Motion, Creditor will Court grants seek foreclosure and liquidation of the above-described collateral in accordance with applicable nonbankruptcy law. Upon disposition of such collateral, Creditor will account for all proceeds to the Court (and trustee, if applicable), and agrees to turn over any proceeds in excess of Creditor’ s allowed secured claim to the Court (and trustee, if applicable). Office and P.O. Address WHEREFORE, Creditor moves the Court to grant this Motion to Modify Stay, and to grant such other relief as the Court may deem appropriate. Telephone No.: Facsimile No.: DATED this ____ day of _______________, 20__. E-Mail Address: Mobile Tel. No.: By: ___________________________ American LegalNet, Inc. www.USCourtForms.com Attorney for Creditor COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : -----------------------------------------------------------------------------------------------------------------JUDICIAL SUBPOENA Plaintiff(s) NOTICE TO DEBTOR(S) -against: -----------------------------------------------------------------------------------------------------------------If you object to the motion, you must file a written responsive pleading and request : a hearing within ten (10) days of the date of the motion. The objecting party shall schedule the hearing and shall include in the caption of the responsive pleading the date, time and : location of the hearing by inserting in the caption the following: Defendant(s) : ...................................................... NOTICE OF HEARING Date: __________________ Time:__________________ THE PEOPLE OF THE STATE OF NEW YORK Location:_______________ TO This contested matter shall be scheduled for hearing for the next hearing date scheduled in the division within which the case is filed. The date, time and location of the hearing can be obtained from the Clerk of Court or from the Court’ website at s www.mtb.uscourt.gov. In the event such scheduled hearing date is thirty (30) days beyond GREETINGS: the filing date of the motion for relief, then a preliminary hearing within such thirty (30) day periodCOMMAND YOU, that all business and excuses being laid aside, you and eachtheyou attend before WE shall be scheduled by the responding party after such party contacts of Clerk of Court to , the Honorable confirm the preliminary telephone hearing date and time, which shall be set at the Court forth in located at County of the response. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjournedyou fail testify and give evidence as a to the above Motion to Modify Stay with the If date, to to file a written response witness in this action on the part of the particularity required by Mont. LBR 4001-1(b), and request a hearing, within ten (10) days of the date of this Notice, with service on the undersigned and all parties entitled to serviceYour failureapplicablewith this subpoena is punishable as a contempt request and will make you liable to under all to comply rules, then your failure to respond or to of court a hearing will be deemed an admission that the motion for reliefmaximum penalty of $50 and all damages sustained as a the party on whose behalf this subpoena was issued for a should be granted without further notice or hearing. result of your failure to comply. DATED Honorable day of _________, 200_. Witness, this ______ Court in County, day of , one of the Justices of the , 20 By: ___________________________ Attorney for Creditor (Attorney must sign above and type name below) -----------------------------------------------------------------------------------------------------------------CERTIFICATE OF SERVICE Attorney(s) for (Must comply with Mont. LBR 9013-1(c), by reflecting the name and address of each party served, and by being signed “under penalty of perjury.”) Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : _______________________________ _______________________________ : _______________________________ _______________________________ Defendant(s) : ...................................................... _______________________________ _______________________________ THE PEOPLE OF THE STATE OF NEW YORK BANKRUPTCY COURT UNITED STATES FOR THE DISTRICT OF MONTANA TO In re ) Case No. ) ) GREETINGS: ) WE COMMAND YOU, that all business )and excuses being laid aside, you and each of you attend before Debtor(s). )at the , the Honorable Court -----------------------------------------------------------------------------------------------------------------located at County of in room , on the MOTION TO MODIFY STAY, AND NOTICE the day of , 20 , at o'clock in noon, and at any recessed or-----------------------------------------------------------------------------------------------------------------adjourned date, to testify and give evidence as a witness in this action on the part of the The Motion of ________________ (hereinafter “Creditor”) respectfully represents: 1. The Debtor(s) filed a Petition in this is punishable as a contempt of the and will make you Your failure to comply with this subpoena Court under Chapter ____of courtBankruptcy Code liable to on the____ day of __________, 20__. issued for a maximum penalty of $50 and all damages sustained as a the party on whose behalf this subpoena was result of your failure to comply. 2. Creditor is the holder of a secured claim against the Debtor(s), and pursuant to Mont. LBR 4001-1, provides the following information: Witness, Honorable , one of the Justices of the Court in County, day of , 20 (a) The present balance owing to Creditor, excluding any precomputed interest or other unearned charges, is $ ________________ . (Attorney must sign above and type name below) (b) The date upon which the subject debt was incurred was _____________. (c) Creditor holds a security interest or lien upon the following described Attorney(s) for property of the estate: _________________________________________________________________ _________________________________________________________________ Office and P.O. Address (d) The nature of Creditor’ security interest, the date upon which the security s interest was obtained, and the date upon which the security interest was perfected are as follows: ________________________________________ Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : Plaintiff(s) Calendar No. JUDICIAL SUBPOENA _________________________________________________________________. -against- : Creditor has attached copies of all security agreements, financing statements, titles, and : other perfection documents necessary to prove the validity of its security interest to its Proof of Claim on file herein, as required by Mont. LBR 4001-1; or if no Proof of Claim : has been filed, such documents are attached to this Motion. Defendant(s) : ...................................................... (e) A description of Creditor’ collateral, including its location, is as follows: s __________________________________________________________________ THE PEOPLE OF _________________________________________________________________. THE STATE OF NEW YORK TO (f) The fair market value of Creditor’ collateral is $ ______________. s (g) A description of, and the amounts due upon, any other security interests which have priority over that of Creditor are as follows: GREETINGS: _________________________________________________________________ _________________________________________________________________. before WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend , the Honorable at the Court (h) If the debtor is inat located default, the number of defaulted installments and the total County of amount in default of as follows:20 in room , on the day are , , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the _________________________________________________________________ _________________________________________________________________. (i) This Motion this subpoena and pursuant to contempt of court and will make Your failure to comply withis made under is punishable as a the following subsection of 11 you liable to U.S.C. 362: ________. the party on whose behalf§this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. (j) Other facts which are relevant in determining whether relief should be granted are Witness, Honorable as follows: , one of the Justices of the __________________________________________________________________ Court in County, day of , 20 _________________________________________________________________. 3. Creditor further represents that in the event the(Attorney grants this Motion, name below) will Court must sign above and type Creditor seek foreclosure and liquidation of the above-described collateral in accordance with applicable nonbankruptcy law. Upon disposition of such collateral, Creditor will account for all proceeds to the Court ____________________, and agrees to turn over any proceeds in excess of Creditor’ s Attorney(s) for allowed secured claim to the Court ______________________. WHEREFORE, Creditor moves the Court to grant this Motion to Modify Stay, and to grant such other relief as the Court may deem appropriate. Office and P.O. Address DATED this ____ day of _______________, 20__. Telephone No.: Facsimile No.: E-Mail Address: Attorney for Creditor Mobile Tel. No.: By: ___________________________ American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : -----------------------------------------------------------------------------------------------------------------JUDICIAL SUBPOENA Plaintiff(s) NOTICE TO DEBTOR(S) -against: -----------------------------------------------------------------------------------------------------------------If you object to the motion, you must file a written responsive pleading and request : a hearing within ten (10) days of the date of the motion. The objecting party shall schedule the hearing and shall include in the caption of the responsive pleading the date, time and : location of the hearing by inserting in the caption the following: Defendant(s) : ...................................................... NOTICE OF HEARING Date: __________________ Time:__________________ THE PEOPLE OF THE STATE OF NEW YORK Location:_______________ TO This contested matter shall be scheduled for hearing for the next hearing date scheduled in the division within which the case is filed. The date, time and location of the hearing can be obtained from the Clerk of Court or from the Court’ website at s www.mtb.uscourt.gov. In the event such scheduled hearing date is thirty (30) days beyond GREETINGS: the filing date of the motion for relief, then a preliminary hearing within such thirty (30) day periodCOMMAND YOU, that all business and excuses being laid aside, you and eachtheyou attend before WE shall be scheduled by the responding party after such party contacts of Clerk of Court to , the Honorable confirm the preliminary telephone hearing date and time, which shall be set at the Court forth in located at County of the response. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjournedyou fail testify and give evidence as a to the above Motion to Modify Stay with the If date, to to file a written response witness in this action on the part of the particularity required by Mont. LBR 4001-1(b), and request a hearing, within ten (10) days of the date of this Notice, with service on the undersigned and all parties entitled to serviceYour failureapplicablewith this subpoena is punishable as a contempt request and will make you liable to under all to comply rules, then your failure to respond or to of court a hearing will be deemed an admission that the motion for reliefmaximum penalty of $50 and all damages sustained as a the party on whose behalf this subpoena was issued for a should be granted without further notice or hearing. result of your failure to comply. DATED Honorable day of _________, 200_. Witness, this ______ Court in County, day of , one of the Justices of the , 20 By: ___________________________ Attorney for Creditor (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com