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UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO In re: ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. Chapter Judge MOTION OF FOR RELIEF FROM STAY Debtor(s) (the "Movant") moves this Court, under Bankruptcy Code §§ 361, 362, 363, and other sections of Title 11 of the United States Code, under Federal Rules of Bankruptcy Procedure 4001 and 6007, and under Local Bankruptcy Rule 4001-1 for an order conditioning, modifying or dissolving the automatic stay imposed by Bankruptcy Code § 362. MEMORANDUM IN SUPPORT 1. The Court has jurisdiction over this matter under 28 U.S.C. §§ 157 and 1334. This is a core proceeding under 28 U.S.C. § 157(b)(2). The venue of this case and this motion is proper under 28 U.S.C. §§ 1408 and 1409. 2. On , the obtained a loan from . Such loan was evidenced by a (the "Note"), a copy of which is attached as Exhibit A. dated in the amount of American LegalNet, Inc. www.FormsWorkFlow.com 3. the To secure payment of the Note and performance of the other terms contained in it, executed a Security Agreement in favor of Agreement"). The Security Agreement granted a lien on the owned by dated (the "Security (the "Collateral"). The Collateral is more fully described in the Security Agreement (check one): G attached as Exhibit B; OR G 4. contained in the Note, attached as Exhibit A. The lien created by the Security Agreement was duly perfected by (check all that apply): G Filing of the Security Agreement in the office of the County Recorder on . Filing of the UCC-1 Financing Statement in the office of on Notation of the lien on the Certificate of Title. Other (state with particularity) . G . G G A copy of the recorded Security Agreement, UCC-1 Financing Statement, Certificate of Title or other document, as applicable, is attached as Exhibit , the lien is the 5. . Based on lien on the Collateral. The entity in possession of the original Note as of the date of this motion, is 2 American LegalNet, Inc. www.FormsWorkFlow.com . 6. 7. The entity servicing the loan is: The Note was transferred, as evidenced by the following: a. If the Collateral is real estate: i. Under Uniform Commercial Code § 3-203(a) as applicable under state law in effect where the property is located, from the original lender: G N/A. OR G By endorsement on the Note, payable to OR G By blank endorsement on the Note. OR G By allonge attached to the Note, payable to OR G By blank allonge, attached to the Note. OR G The Note is not endorsed to the Movant, or is not endorsed in blank with an allegation that the Movant is in possession of the original Note. The factual and legal basis upon which the Movant is entitled to bring this motion is (explain with particularity and attach supporting documentation): . . . . 3 American LegalNet, Inc. www.FormsWorkFlow.com OR G By endorsement on the Note or by allonge attached to the Note, through a power of attorney. If this box is checked, a copy of the power of attorney is attached as Exhibit . Explain why it provides Movant the authority to endorse the Note: . .> Other .> b. If the Collateral is not real estate (check one): G N/A. OR G From the original lender to by . 8. The Security Agreement was transferred as follows (check one): G N/A. OR WHEREFORE, Movant prays for an order from the Court: (a) granting Movant relief from the automatic stay of Bankruptcy Code § 362 to permit Movant to proceed under applicable nonbankruptcy law; 6 American LegalNet, Inc. www.FormsWorkFlow.com Respectfully submitted, /s/ Attorney for Movant CERTIFICATE OF SERVICE , a true and correct copy of the foregoing was served via the Court's electronic case filing system on the following who are listed on the Court's Electronic Mail Notice List: The undersigned ce