Order For Relief From The Automatic Stay (Personal Property) Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Order For Relief From The Automatic Stay (Personal Property) Form. This is a North Carolina form and can be use in USBC Middle Federal.
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Tags: Order For Relief From The Automatic Stay (Personal Property), North Carolina Federal, USBC Middle
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF NORTH CAROLINA
DIVISION
In Re:
Debtor(s)
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Order for Relief from the
Automatic Stay (Personal Property)
Chapter 13 No.
This case came before the Court for hearing on _____________, on the Motion filed by
________________ (hereinafter “_____”) pursuant to 11 U.S.C. §362 et seq., for relief from stay
regarding ______________________ (hereinafter “personal property”). All interested parties
having been given due notice of the hearing, at the hearing, _______________ appeared.
The Court finds after hearing on the Motion that the Debtor(s) is/are in default to
________such that the Motion for relief from stay should be granted; therefore, it is
ORDERED that the Motion for relief from the §362 stay by _______________ is granted
and the stay lifted as to the Debtor(s)’ property with _______________ allowed 120 days from
the entry of this Order to file a documented deficiency claim based on liquidation of the property
with the failure of _______________ to file a documented deficiency claim based on liquidation
of the property within 120 days from the entry of this Order to result in the lifting of the stay as
to the property being in full satisfaction of the Debtor(s)’ liability under the note secured by the
property; and, it is further
ORDERED that any payments scheduled for disbursement by the Trustee on the claim of
_______________ secured by the property shall terminate immediately due to relief from stay
being granted; and, it is further
ORDERED that any net proceeds remaining after payoff of the indebtedness to the
lienholder shall be required to be turned over to the Chapter 13 Trustee to be held pending
further order of the Court; and, it is further
ORDERED that the fourteen (14) day waiting period imposed by Bankruptcy Rule
4001(a)(3) of the Federal Rules of Bankruptcy Procedure is waived and the automatic stay is
immediately terminated.
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