Order For Relief From The Automatic Stay (Personal Property) | Pdf Fpdf Doc Docx | North Carolina

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Order For Relief From The Automatic Stay (Personal Property) | Pdf Fpdf Doc Docx | North Carolina

Order For Relief From The Automatic Stay (Personal Property)

This is a North Carolina form that can be used for USBC Middle within Federal.

Alternate TextLast updated: 11/23/2011

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UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA DIVISION In Re: ) ) ) ) ) ) ) ) Order for Relief from the Automatic Stay (Personal Property) Chapter 13 No. Debtor(s) 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. American LegalNet, Inc. www.FormsWorkFlow.com

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