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Loss-Mitigation Order (White Plains - Chapter 13) Form. This is a New York form and can be use in Bankruptcy Court Federal.
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Tags: Loss-Mitigation Order (White Plains - Chapter 13), New York Federal, Bankruptcy Court
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------x
In re:
Chapter 13
Case No.
-
(
)
Debtor(s).
---------------------------------------------------------x
LOSS-MITIGATION ORDER
A Loss Mitigation Request1 was filed by the debtor on [Date] __________, 20__.
A Loss Mitigation Request was filed by a creditor on [Date] __________, 20__.
The Court raised the possibility of loss mitigation, and the parties have had notice and an
opportunity to object.
Upon the foregoing, it is hereby
ORDERED, that the following parties (collectively, the “Loss Mitigation Parties”) are
directed to participate in loss mitigation:
1. The Debtor
2. ______________________________, the Creditor with respect to
_______________________________________________________________
[describe Loan and/or Property].
3. [Additional parties, if any]
_______________________________________________________________
It is further ORDERED, that the Loss Mitigation Parties shall comply with the Loss
Mitigation Procedures annexed to this Order; and it is further
ORDERED, that the Loss Mitigation Parties shall observe the following deadlines:
1. Each Loss Mitigation Party shall designate contact persons and disclose contact
information by __________ [suggested time is 7 days], unless this information has
been previously provided. As part of this obligation, a Creditor shall furnish each
Loss Mitigation Party with written notice of the name, address and direct
telephone number of the person who has full settlement authority.
2. Each Creditor that is a Loss Mitigation Party shall contact the Debtor within 14 days
of the date of this Order.
3. Each Loss Mitigation Party must make their information request, if any, within 14
days of the date of this Order.
1
All capitalized terms have the meanings defined in the Loss Mitigation Procedures.
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4. Each Loss Mitigation Party shall respond to an information request within 14 days
after an information request is made, or 7 days prior to the Loss Mitigation
Session, whichever is earlier.
5. The Loss Mitigation Session shall be scheduled not later than ________________
[suggested time is within 35 days of the date of the order].
6. The loss mitigation period shall terminate on ____________ [suggested time is within 42
days of the date of the order], unless extended as provided in the Loss Mitigation Procedures.
It is further ORDERED, that a status conference will be held in this case on ____________ at
__________ AM [suggested time is within 42 days of the date of the order] before the undersigned
at the United States Bankruptcy Court, 300 Quarropas Street, White Plains, New York 10601,
Courtroom to be assigned (the “Status Conference”). The Loss Mitigation Parties shall appear at the
Status Conference and provide the Court with a verbal Status Report unless a written Status Report that
is satisfactory to the Court has been filed not later than 7 days prior to the date of the Status Conference
and requests that the Status Conference be adjourned or cancelled; and it is further
ORDERED, that at the Status Conference, the Court may consider a Settlement reached
by the Loss Mitigation Parties, or may adjourn the Status Conference if necessary to allow for
adequate notice of a request for approval of a Settlement; and it is further
ORDERED, that any matters that are currently pending between the Loss Mitigation
Parties (such as motions or applications, and any objection, opposition or response thereto) are
hereby adjourned to the date of the Status Conference to the extent those matters concern (1)
relief from the automatic stay, (2) objection to the allowance of a proof of claim, (3) reduction,
reclassification or avoidance of a lien, (4) valuation of a Loan or Property, or (5) objection to
confirmation of a plan of reorganization; and it is further.
ORDERED, that the time for each Creditor that is a Loss Mitigation Party in this case to
file an objection to a plan of reorganization in this case shall be extended until 14 days after the
termination of the loss mitigation period, including any extension of the Loss Mitigation period.
Dated: __________, New York
__________, 20__
BY THE COURT
.
United States Bankruptcy Judge
- 2 -
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