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Stipulation To Modify Stay (Sample And Form) Form. This is a Montana form and can be use in Bankruptcy Court Federal.
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Tags: Stipulation To Modify Stay (Sample And Form), LBF-8A, Montana Federal, Bankruptcy Court
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
Mont. LBF 8-A. Stipulation to Modify Stay.
Plaintiff(s)
-against-
Calendar No.
:
JUDICIAL SUBPOENA
:
Name of Attorney/Party in Interest
:
Address
Phone Number
:
[If applicable:
Defendant(s)
(Attorney for _________)
:
......................................................
State Bar I.D. Number ___________]
UNITED STATES BANKRUPTCY COURT
THE PEOPLE OF THE STATE OF NEW YORK
FOR THE DISTRICT OF MONTANA
TO re
In
) Case No.
)
)
)
GREETINGS:
)
WEDebtor(s)
COMMAND YOU, that all business)and excuses being laid aside, you and each of you attend before
-----------------------------------------------------------------------------------------------------------------,
the Honorable
at the
Court
STIPULATION TO MODIFY STAY
located at
County of
in------------------------------------------------------------------------------------------------------------------recessed
room
, on the
day of
, 20
, at
o'clock in the
noon, and at any
or adjourned date, to testify and give evidence as a witness in this action on the part of the
The undersigned Creditor, ____________________________, the above-named
Debtor(s), and the trustee, if applicable, hereby stipulate as follows:
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
1. The Debtor(s) filed a Petition issued for a under Chapter ____ of and all damages
the party on whose behalf this subpoena was in this Courtmaximum penalty of $50 the Bankruptcy sustained as a
Code your failure day of _________, 200_.
result ofon the ____ to comply.
2. Creditor is the holder of a secured claim against the Debtor(s), andthe Justices ofMont.
Witness, Honorable
, one of pursuant to the
LBR 4001-1, provides the following of
Court in
County,
day information: , 20
(a)
(b)
(c)
(d)
The present balance owing to Creditor, excluding any precomputed interest
or other unearned charges, is $ ___________. sign above and type name below)
(Attorney must
The date upon which the subject debt was incurred was
____________________.
Creditor holds a security interest orAttorney(s) the following described
lien upon for
property of the estate:
_______________________________________________
_______________________________________________
The nature of Creditor’ security interest, the date upon which the security
s
Office and P.O. Address
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.
Calendar No.
:
_______________________________________________
JUDICIAL SUBPOENA
Plaintiff(s)
_______________________________________________
-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.
:
Defendant(s)
(e)
A description of Creditor’ collateral,: including its location, is as follows:
s
......................................................
____________________________________________________________
____________________________________________________________
____________________________________________________________
THE PEOPLE OF THE STATE OF NEW YORKof Creditor’ collateral is $ ___________________.
(f)
The fair market value
s
(g)
A description of, and the amounts due upon, any other security interests
TO
which have priority over that of Creditor are as follows:
____________________________________________________________
____________________________________________________________
____________________________________________________________
GREETINGS:
(h)
If the Debtor(s) is in default, the number of defaulted installments and the
total amount in default and excuses being laid aside, you and each of you attend
WE COMMAND YOU, that all business are as follows: _____________________________ before
____________________________________________________________
,
the Honorable
at the
Court
(i)
This Stipulation is made under and pursuant to the following subsection of
located at
County of
in room
, on the11 U.S.C. of 362: _______.
day §
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,(j) testify and give evidenceare a witness to this action on theare as follows:
to
Other facts which as relevant in
Stipulation part of the
____________________________________________________________
____________________________________________________________
____________________________________________________________
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
3. failure to comply.
result of yourCreditor agrees that in the event the Court grants the relief sought by this Stipulation,
Creditor will seek foreclosure and liquidation of the above-described collateral in accordance with
applicable non-bankruptcy law. Upon disposition of such collateral, Creditor the Justices of the all
Witness, Honorable
, one of shall account for
proceeds to the Court, and trustee if of
Court in
County,
day applicable, and20
, agrees to turn over any proceeds in excess of
Creditor’ allowed secured claim to the Court, or trustee if applicable.
s
WHEREFORE, the undersigned Creditor, Debtor(s) and Trustee,above and type name below)
(Attorney must sign if applicable, hereby
stipulate that the Court may modify the stay in accordance with the terms of this Stipulation.
DATED this ____ day of __________, 200_.
Attorney(s) for
Name of Creditor: _________________________
By: _______________________________________
Office and P.O. Address
Creditor or Attorney for Creditor
By: _______________________________________
Telephone No.:
Debtor(s) or Attorney for Debtor(s)
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
:
By: _______________________________________
JUDICIAL SUBPOENA
Plaintiff(s)
Trustee (if applicable)
-against-
:
-----------------------------------------------------------------------------------------------------------------:
CERTIFICATE OF SERVICE
:
Defendant(s)
(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.”)
THE PEOPLE OF THE STATE OF NEW YORK
TO
GREETINGS:
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
in room
, on the
day of
, 20
, 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
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
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.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(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
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
-
Plaintiff(s)
-against-
Calendar No.
:
JUDICIAL SUBPOENA
:
_______________________________
:
_______________________________
_______________________________
:
_______________________________
_______________________________ Defendant(s)
:
......................................................
_______________________________
UNITED STATES BANKRUPTCY COURT
THE PEOPLE OF THE STATE OF NEW YORK
FOR THE DISTRICT OF MONTANA
TO re
In
) Case No.
)
)
)
GREETINGS:
)
Debtor(s)
WE COMMAND YOU, that all business)and excuses being laid aside, you and each of you attend before
-----------------------------------------------------------------------------------------------------------------,
the Honorable
at the
Court
STIPULATION TO MODIFY STAY
located at
County of
in------------------------------------------------------------------------------------------------------------------recessed
room
, on the
day of
, 20
, at
o'clock in the
noon, and at any
or adjourned date, to testify and give evidence as a witness in this action on the part of the
The undersigned Creditor, ____________________________, the above-named
Debtor(s), and the trustee, if applicable, hereby stipulate as follows:
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
1. The Debtor(s) filed a Petition issued for a under Chapter ____ of and all damages
the party on whose behalf this subpoena was in this Courtmaximum penalty of $50 the Bankruptcy sustained as a
Code your failure day of _________, 200_.
result ofon the ____ to comply.
2. Creditor is the holder of a secured claim against the Debtor(s), andthe Justices ofMont.
Witness, Honorable
, one of pursuant to the
LBR 4001-1, provides the following of
Court in
County,
day information: , 20
(a)
(b)
(c)
(d)
The present balance owing to Creditor, excluding any precomputed interest
or other unearned charges, is $ ___________. sign above and type name below)
(Attorney must
The date upon which the subject debt was incurred was
____________________.
Creditor holds a security interest orAttorney(s) the following described
lien upon for
property of the estate:
_______________________________________________
_______________________________________________
The nature of Creditor’ security interest, the date upon which the security
s
Office and P.O. Address
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.:
25
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
:
_______________________________________________
JUDICIAL SUBPOENA
Plaintiff(s)
_______________________________________________
-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.
:
Defendant(s)
(e)
A description of Creditor’ collateral,: including its location, is as follows:
s
......................................................
____________________________________________________________
____________________________________________________________
____________________________________________________________
THE PEOPLE OF THE STATE OF NEW YORKof Creditor’ collateral is $ ___________________.
(f)
The fair market value
s
(g)
A description of, and the amounts due upon, any other security interests
TO
which have priority over that of Creditor are as follows:
____________________________________________________________
____________________________________________________________
____________________________________________________________
GREETINGS:
(h)
If the Debtor(s) is in default, the number of defaulted installments and the
total amount in default and excuses being laid aside, you and each of you attend
WE COMMAND YOU, that all business are as follows: _____________________________ before
____________________________________________________________
,
the Honorable
at the
Court
(i)
This Stipulation is made under and pursuant to the following subsection of
located at
County of
in room
, on the11 U.S.C. of 362: _______.
day §
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,(j) testify and give evidenceare a witness to this action on theare as follows:
to
Other facts which as relevant in
Stipulation part of the
____________________________________________________________
____________________________________________________________
____________________________________________________________
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
3. failure to comply.
result of yourCreditor agrees that in the event the Court grants the relief sought by this Stipulation,
Creditor will seek foreclosure and liquidation of the above-described collateral in accordance with
applicable non-bankruptcy law. Upon disposition of such collateral, Creditor the Justices of the all
Witness, Honorable
, one of shall account for
proceeds to the Court, and trustee if of
Court in
County,
day applicable, and20
, agrees to turn over any proceeds in excess of
Creditor’ allowed secured claim to the Court, or trustee if applicable.
s
WHEREFORE, the undersigned Creditor, Debtor(s) and Trustee,above and type name below)
(Attorney must sign if applicable, hereby
stipulate that the Court may modify the stay in accordance with the terms of this Stipulation.
DATED this ____ day of __________, 200_.
Attorney(s) for
Name of Creditor: _________________________
By: _______________________________________
Office and P.O. Address
_______________________________________
By: _______________________________________
Telephone No.:
_______________________________________
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
:
By: _______________________________________
JUDICIAL SUBPOENA
Plaintiff(s)
Trustee
-against-
:
:
:
Defendant(s)
:
......................................................
THE PEOPLE OF THE STATE OF NEW YORK
TO
GREETINGS:
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
in room
, on the
day of
, 20
, 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
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
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.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(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
