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Plaintiffs Complaint To Compel Turnover Of Certain Property From Defendant (Chapter 13) Form. This is a Tennessee form and can be use in USBC Western Federal.
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Tags: Plaintiffs Complaint To Compel Turnover Of Certain Property From Defendant (Chapter 13), 9, Tennessee Federal, USBC Western
COURT
COUNTY . .
. . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
:
Index No.
Form No. 9
UNITED STATES BANKRUPTCY COURT
:
Calendar No.
WESTERN DISTRICT OF TENNESSEE
Plaintiff(s)
In re:
-against-
:
JUDICIAL SUBPOENA
Case No. -
:
Chapter 13
:
Adv. Proc. No.
:
Debtor(s)
Defendant(s)
:
......................................................
PLAINTIFF'S COMPLAINT TO COMPEL TURNOVER OF
CERTAIN PROPERTY FROM DEFENDANT
THE PEOPLE OF THE STATE OF NEW YORK
Plaintiff, the above-named chapter 13 debtor(s), alleges and requests as follows
TO
(1)
That this is an adversary proceeding brought pursuant to Fed. R. Bankr. P. 7001(1) and 11 U.S.C § 542(a)
to recover a certain
assertedly repossessed by the defendant,
, prior to the commencement of this chapter 13 case.
GREETINGS:
(2)
That this Court has jurisdiction under the provisions of 28 U.S.C. § § 1334, 151, and 157(a).
COMMAND YOU, that § 157(b)(2)(E) this is a core proceeding. See you and R. Bankr. P. 7008(a).
(3) WE That by virtue of 28 U.S.C. all business and excuses being laid aside, also Fed. each of you attend before
,
the Honorable
at the
Court
located at
County of
(4)
That under the particular facts and circumstances and applicable law the plaintiff is entitled to possession of
the above-described property of the estate, for "use" at contemplated in in the
363.
in room
, on the
day of
20
, as
o'clock 11 U.S.C. § noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
WHEREFORE, Plaintiff respectfully prays for an expedited hearing and order directing turnover of the above
described property of the estate from the defendant-creditor.
Your failure to comply with this subpoena is punishable as a contempt of State, and Zip will make you liable to
court and Code
City,
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Signature of Attorney for Plaintiff
Printed Name of Attorney for Plaintiff-Debtor
Witness, Honorable
Court in
County,
Office Telephone Number
, one of the Justices of the
day of
, 20
Street Address
Facsimile Number
Bar Disciplinary Number
NOTICE OF EXPEDITED HEARING RE ABOVE COMPLAINT OF PLAINTIFF-DEBTOR SEEKING
(Attorney must sign above and type name below)
TURNOVER OF CERTAIN PROPERTY COMBINED WITH RELATED NOTICES
NOTICE IS HEREBY GIVEN in accordance with L.B.R. 9075-1 that an expedited hearing shall be held on the
____ day
of
, at 10:00 a.m. in the United States Bankruptcy Court, Courtroom No.
, Federal Building,
,
, Tennessee, to consider the above-entitled adversary proceeding seeking a turnover of the above
Attorney(s) for
described property pursuant to 11 U.S.C. § 542(a); that the defendant-creditor may appear at the time and place above-stated and request adequate
protection pursuant to 11 U.S.C. § § 363(e) and 361 as a precondition of turnover; that the attorney for the plaintiff-debtor should provide
immediate telephonic notice of the time and place of the expedited hearing and also transmit a copy of this Complaint and Notice of Expedited
Hearing to the defendant-creditor, the plaintiff-debtor, and the Chapter 13 trustee; and that the attorney for the plaintiff-debtor shall promptly file
a written certificate of such notice and service with the Clerk of Court.
Office and P.O. Address
UNITED STATES BANKRUPTCY COURT CLERK
By:
Date:
Telephone No.:
Deputy Clerk
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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