UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x In re : : : JOHN or JANE DOE, : : Debtor. : : ---------------------------------------------------------------x SAMPLE Chapter 13 Case No. __-_____ (RDD) CONDITIONAL ORDER PURSUANT TO 11 U.S.C. § 362(d) MODIFYING THE AUTOMATIC STAY IMPOSED BY 11 U.S.C. § 362(a) Upon the Motion, dated _________ __, 200_ (the “Motion”), of [INSERT NAME OF MOVANT]1 (with any subsequent successor or assign, the “Creditor”2), for an order, pursuant to section 362(d) of title 11 of the United States Code (the “Bankruptcy Code”) vacating the automatic stay imposed in the above-captioned case by section 362(a) of the Bankruptcy Code as to the Creditor’s interests in [INSERT DESCRIPTION OF THE PROPERTY SERVING AS COLLATERAL OR LEASEHOLD] (the “Property”) to allow the Creditor’s enforcement of its rights in, and remedies in and to, the Property [and INSERT ANY OTHER RELIEF, SUCH AS IN REM RELIEF, SOUGHT IN THE MOTION]; and the Court having held a hearing (the “Hearing”) on the Motion on ________ __, 200_; [and the above-captioned debtor (the “Debtor”) having opposed the relief requested in the Motion;] and the Court having entered an order conditionally lifting the automatic stay [on consent of the Debtor and the Creditor] (the “Conditional Order”); and the Debtor having subsequently defaulted on 1 Bracketed clauses herein indicate items that will vary from order to order, such as proper nouns and clauses that will be appropriate in some, but not all, circumstances. Instructions to attorneys are in CAPS. 2 Alternatively, the defined term for the movant can be, as appropriate, “Landlord,” “Mortgagee,” or the like. American LegalNet, Inc. www.FormsWorkflow.com certain of [his/her] obligations (the “Defaulted Obligations”) under the Conditional Order; and the Creditor having served a notice of such default on ten days’ notice to the Debtor; and the Debtor not having cured the Defaulted Obligations under the Conditional Order within the ten days allotted for such cure by the Conditional Order; and the Creditor having settled on the Debtor on five days’ notice (i) this form of order (the “Settled Order”) and (ii) an affidavit as to the Debtor’s non-compliance with the Conditional Order (the “Affidavit of Non-Compliance”); and [there being no objection to the entry of the Settled Order] [the Debtor having filed written opposition to entry of the Settled Order (the “Objection”) without documentary evidence of (x) payment of the Defaulted Obligations or (y) a current ability to pay the Defaulted Obligations immediately in cash]3; and the Court having determined that the legal and factual bases set forth in the Motion, at the Hearing and in the Affidavit of Non-Compliance establish just cause for the relief granted herein; and upon all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED that [the Objection is denied, and]4 the Motion is granted as provided herein; and it is further ORDERED that the automatic stay imposed in this case by section 362(a) of the Bankruptcy Code is vacated under section 362(d) of the Bankruptcy Code as to the Creditor’s interests in the Property to allow the Creditor’s enforcement of its rights in, and remedies in and to, the Property; and it is further 3 One of the two preceding bracketed clauses will be appropriate, depending on whether an objection to the Settled Order was filed or not. If a party in interest other than the Debtor filed an objection, the language will have to be revised accordingly. 4 This will be appropriate only if a written objection to the Settled Order was filed with the Court. 2 American LegalNet, Inc. www.FormsWorkflow.com ORDERED that the Creditor shall promptly report and turn over to the chapter 13 trustee any surplus monies realized by any sale of the Property.5 Dated: __________ __, 200_ New York, New York ____________________________________ UNITED STATES BANKRUPTCY JUDGE 5 Additional decretal paragraphs may be added, as appropriate, for other relief sought in the Motion, such as in rem relief. 3 American LegalNet, Inc. www.FormsWorkflow.com UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x In re : : : , : : Debtor. : : ---------------------------------------------------------------x Chapter 13 Case No. __-_____ (RDD) CONDITIONAL ORDER PURSUANT TO 11 U.S.C. § 362(d) MODIFYING THE AUTOMATIC STAY IMPOSED BY 11 U.S.C. § 362(a) Upon the Motion, dated _________ __, 20__ (the “Motion”), of (with any subsequent successor or assign, the “Creditor”), for an order, pursuant to section 362(d) of title 11 of the United States Code (the “Bankruptcy Code”) vacating the automatic stay imposed in the above-captioned case by section 362(a) of the Bankruptcy Code as to the Creditor’s interests in (the “Property”) to allow the Creditor’s enforcement of its rights in, and remedies in and to, the Property ; and the Court having held a hearing (the “Hearing”) on the Motion on ________ __, 200_; and the Court having entered an order conditionally lifting the automatic stay (the “Conditional Order”); and the Debtor having subsequently defaulted on certain of obligations (the “Defaulted Obligations”) under the Conditional Order; and American LegalNet, Inc. www.FormsWorkflow.com and the Creditor having served a notice of such default on ten days’ notice to the Debtor; and the Debtor not having cured the Defaulted Obligations under the Conditional Order within the ten days allotted for such cure by the Conditional Order; and the Creditor having settled on the Debtor on five days’ notice (i) this form of order (the “Settled Order”) and (ii) an affidavit as to the Debtor’s non-compliance with the Conditional Order (the “Affidavit of Non-Compliance”); and ; and the Court having determined that the legal and factual bases set forth in the Motion, at the Hearing and in the Affidavit of Non-Compliance establish just cause for the relief granted herein; and upon all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED that the Motion is granted as provided herein; and it is further ORDERED that the automatic stay imposed in this case by section 362(a) of the Bankruptcy Code is vacated under section 362(d) of the Bankruptcy Code as to the Creditor’s interests in the Property to allow the Creditor’s enforcement of its rights in, and remedies in and to, the Property; and it is further ORDERED that the Creditor shall promptly report and turn over to the chapter 13 trustee any surplus monies realized by any sale of the Property. Dated: __________ __, 20__ New York, New York ____________________________________ UNITED STATES BANKRUPTCY JUDGE 2 American LegalNet, Inc. www.FormsWorkflow.com