Order Re Relief From Stay Form. This is a Oregon form and can be use in Bankruptcy Court Federal.
Tags: Order Re Relief From Stay, 720.90, Oregon Federal, Bankruptcy Court
720.90 (12/1/2018) Page 1 of 5 UNITED STATES BANKRUPTCY COURT DISTRICT OF OREGON In re ) Case No. ) ) Order, drafted on: , ) Re: Relief From (Check all that apply): ) Debtor Stay Codebtor Stay ) Creditor: Debtor(s) ) Codebtor: The undersigned, , whose address is , email is , phone number is , and any OSB # is , presents this order based upon: The completed stipulation of the parties located at the end of this document. The oral stipulation of the parties at the hearing held on . The ruling of the court at the hearing held on . Creditor certifies that any default notice required by paragraph 5 of the order re: relief from stay entered on was mailed, and that debtor(s) failed to comply with the conditions of that order. The dates and amounts of missed cure payments and the date of creditor222s notice of default are as follows: American LegalNet, Inc. www.FormsWorkFlow.com 720.90 (12/1/2018) Page 2 of 5 Creditor certifies that no response to the motion for relief from stay filed on and served on was filed within the response period plus 3 days. IT IS ORDERED that, except as provided in paragraph 4 below, the stay existing pursuant to 11 U.S.C. 247 362(a) remains in effect as to the property described below (hereinafter "the property"): Personal property described as (e.g., 2001 Ford Taurus): Real property located at (i.e., street address): [Optional unless in rem relief granted] Exhibit A attached hereto is the legal description of the property. IT IS FURTHER ORDERED that the stay is subject to the conditions marked below: 1. Regular Payment Requirements. a. Debtor(s) must deliver regular monthly payments in the amount of $ commencing to creditor at the following address: b. The chapter 13 trustee must immediately pay and disburse to creditor the amount of $ per month from funds paid to the trustee by debtor(s), and continue each month until the plan is confirmed, at which time the plan payment terms will control. Payments made by the trustee under this order are deemed to be payments under the plan for purposes of the trustee's collection of percentage fees. c. Debtor(s) must pay to the trustee any and all payments required to be paid under the terms of the chapter 13 plan. 2. Cure Payment Requirements. Debtor(s) must cure the post-petition default of $ consisting of: (e.g., $ in payments and $ in late charges for April - June 2018), as follows: American LegalNet, Inc. www.FormsWorkFlow.com 720.90 (12/1/2018) Page 3 of 5 a. In equal monthly installments of $ each, commencing and continuing thereafter through and including . b. By paying the sum of $ on or before , and the sum of $ on or before . c. Other (describe): 3. Insurance Requirement(s). Debtor(s) must maintain insurance on the property at all times as required by the security agreement, naming as the loss payee. On or before debtor(s) must provide counsel for creditor with proof of insurance. 4. Stay Relief and Codebtor Stay Relief without Cure Opportunity. a. Upon default in the conditions in paragraph(s) creditor may file and serve a certificate of non-compliance specifying the default, together with a proposed order terminating the stay to allow creditor to foreclose on, and obtain possession of, the property to the extent permitted by applicable nonbankruptcy law, which the court may grant without further notice or hearing. b. The stay is terminated to allow creditor to foreclose on, and obtain possession of, the property to the extent permitted by applicable nonbankruptcy law, provided that a foreclosure sale shall not occur prior to . c. Creditor is granted relief from stay effective to foreclose on, and obtain possession of, the property, to the extent permitted by applicable nonbankruptcy law. d. Creditor is granted relief from stay to foreclose on, and obtain possession of, the property, to the extent permitted by applicable nonbankruptcy law. e. If a creditor with a senior lien on the property is granted relief from stay, creditor may file and serve a certificate identifying the senior lienholder and a proposed order terminating the stay, which the court may grant without further notice or hearing. f. Creditor is granted relief from stay to . g. Creditor is granted in rem relief from stay with respect to the real property described above and in Exhibit A. This order shall be binding in any other case filed under 11 U.S.C. purporting to affect such real property filed not later than two (2) years after the date of the entry of this order unless the bankruptcy court in the subsequent case grants relief from this order. Any governmental unit that accepts notices of interests or liens in real property must accept a certified copy of this order for indexing and recording. American LegalNet, Inc. www.FormsWorkFlow.com 720.90 (12/1/2018) Page 4 of 5 h. Creditor is granted relief from the codebtor stay, as it applies to the codebtor(s) named in the caption above, to enforce the terms of the contract and collect the deficiency balance. i. [Chapters 12 and 13 only] All disbursements by the trustee to the creditor pursuant to the plan on account of creditor222s secured claim (claim no. ) against the property must cease. Debtor(s) and creditor have agreed to this modification of the plan, and formal notice of this plan modification is not required because there is no negative effect on any nonconsenting creditor; the undersigned certifies receipt of written confirmation that debtor(s) has no objection to this paragraph. 5. Stay Relief with Cure Opportunity. Upon default in the checked condition(s) in paragraphs 1 - 3, creditor must serve written notice of default on debtor(s) and attorney for debtor(s) that gives debtor(s) calendar days after the mailing of the notice to cure the default. If debtor(s) fails to cure the default in accordance with this paragraph, then creditor shall be entitled to submit a proposed order terminating the stay, which the court may grant without further notice or hearing. a. The notice of default may require that debtor(s) make any payment that becomes due between the date the notice of default is mailed and before the cure deadline. b. The notice of default may require debtor(s) to pay $ for the fees and costs of sending the notice. c. Only notices of default and opportunity to cure are required per year (calculated from date of entry of this order), during the remainder of this case, or (describe): 6. Amended Proof of Claim. Creditor must file an amended proof of claim to recover all accrued post-petition attorney fees and costs and (describe): 7. Miscellaneous Provisions. a. If creditor is granted relief from stay, the 14-day stay provided by FRBP 4001(a) is waived. b. Any notice that creditor's counsel must give to debtor(s)/codebtor(s), or attorney for debtor(s)/codebtor(s), pursuant to this order will not be construed as a communication under the Fair Debt Collection Practices Act, 15 U.S.C. 247 1692. 8. A final hearing on creditor's motion for relief from stay will be held on at in . 9. Other: American LegalNet, Inc. www.FormsWorkFlow.com 720.90 (12/1/2018) Page 5 of 5 ### Presented and certified by: It is so stipulated. Creditor222s Attorney: Debtor(s)222s Attorney: Name: Name: OSB#: OSB#: No objection to order by case trustee. Codebtor222s Attorney: By: Name: OSB #: American LegalNet, Inc. www.FormsWorkFlow.com