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Notice Of Motion And Motion In Individual Chapter 11 Case F 2081-1.1.MOTION.CASH.COLLATERAL - California
| Notice Of Motion And Motion In Individual Chapter 11 Case Form. This is a California form and can be used in 1010-1 Thru F 9075-1 Local USBC Central Federal . |
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Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address FOR COURT USE ONLY Individual appearing without attorney Attorney for: UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - **SELECT DIVISION** DIVISION In re: CASE NO.: CHAPTER: 11 NOTICE OF MOTION AND MOTION IN INDIVIDUAL CHAPTER 11 CASE FOR ORDER AUTHORIZING INTERIM USE OF CASH COLLATERAL [11 U.S.C. § 363] This motion is being made under ONLY ONE of the following notice procedures: Hearing requested on emergency basis: LBR 9075-1(a); or Hearing requested on shortened notice: LBR 9075-1(b); or Hearing set on regular notice: LBR 9013-1(c): DATE: TIME: COURTROOM: PLACE: Debtor(s). 1. 2. PLEASE TAKE NOTICE THAT Debtor moves this court for an order authorizing interim use of cash collateral. NOTICE PROVISIONS AND DEADLINES FOR FILING AND SERVING A WRITTEN RESPONSE: Your rights might be affected by this Motion. You may want to consult an attorney. Refer to the box checked below for the deadline to file and serve a written response. If you fail to timely file and serve a written response, the court may treat such failure as a waiver of your right to oppose the Motion and may grant the requested relief. You must serve a copy of your opposition upon the Debtor, the Debtor's attorney, the United States trustee, and also serve a copy on the judge pursuant to LBR 5005-2(d) and the Court Manual. This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 1 F 2081-1.1.MOTION.CASH.COLLATERAL a. Hearing Requested on Emergency Basis under LBR 9075-1(a): Hearing Requested on Emergency Basis under LBR 9075-1(a): Debtor has contacted the court and requested an emergency hearing on less than 48 hours notice. If the court grants the request, you will receive a separate Notice of Hearing that identifies the deadline for the Debtor to file and serve the Motion and the deadline for you to file and serve a written response. If the court denies the request to set an emergency hearing, the Debtor will provide written notice of a regular hearing date or other disposition of this motion and the deadline for filing an opposition. Hearing Requested on Shortened Notice under LBR 9075-1(b): Debtor has filed a separate motion asking the court to set a hearing on shortened notice, titled Application for Order Setting Hearing on Shortened Notice (Application). If the court grants the Application, the Debtor will serve you with another document providing notice. The deadline to file and serve a written response will be contained in this document. If the court denies the Application, the Debtor will provide written notice of a regular hearing date or other proposed disposition of this motion. Hearing Set on Regular Notice: Notice Provided Under LBR 9013-1(c): This Motion is set for hearing on regular notice pursuant to LBR 9013-1(c). The full Motion and supporting documentation are attached, including the legal and factual grounds upon which the Motion is made. If you wish to oppose this Motion, you must file a written response with the court and serve it as stated above no later than 14 days prior to the hearing. Your response must comply with LBR 9013-1(f). The undersigned hereby verifies that the hearing date and time selected were available for this type of Motion according to the judge's selfcalendaring procedures [LBR 9013-1(b)]. b. c. d. Other (specify): Date: By: Signature of Debtor or attorney for Debtor Name: Printed name of Debtor or attorney for Debtor This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 2 F 2081-1.1.MOTION.CASH.COLLATERAL MOTION FOR ORDER AUTHORIZING INTERIM USE OF CASH COLLATERAL 1. The use of collateral may generate cash that is Cash Collateral in which one or more creditors have or claim a lien or other security interest. The Debtor cannot use Cash Collateral without consent of the creditor(s) or a court order. The Debtor believes that Cash Collateral may be generated in this case and so seeks the court's order authorizing its use and providing adequate protection for that use to the affected creditor(s), as discussed below. The Debtor in this case has filed a voluntary petition. The court has jurisdiction to grant the relief requested in this motion pursuant to 28 U.S.C. § 157 and 11 U.S.C. § 363. The Debtor believes that the use of Cash Collateral is necessary for the Debtor to continue the Debtor's operations and to reorganize. Information about each collateral owned by the Debtor for which the Debtor seeks court permission to use Cash Collateral, and Debtor's proposed budget for each collateral is/are set forth as follows: a. Collateral and budget #1 (1) Value of collateral: $ (2) Type of collateral Real Property Street address: Unit/suite no.: City, state, zip code: Legal description or document recording number (include county of recording): Equipment (describe manufacturer, type, and characteristics): Serial number(s): Location: Vehicle (describe year, manufacturer, type and model): Vehicle identification number: Location of vehicle: Other personal property (describe type, identifying information, and location) (3) Income/rent generated: $ (4) Liens: 1st Lien holder: Monthly payment: $ Amount in arrears: $ 2nd Lien holder: Monthly payment: $ Amount in arrears: $ Principal balance due: $ Due date: per month 2. 3. 4. Principal balance due: $ Due date: This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 3 F 2081-1.1.MOTION.CASH.COLLATERAL 3rd Lien holder: Monthly payment: $ Amount in arrears $ Additional liens: (5) Equity in the collateral: $ Principal balance due: $ Due date: (6) The Debtor offers the equity in the collateral as adequate protection. (7) The use or sale of the Cash Collateral generates more collateral (Replacement Collateral) each month (check one): The collateral generates rents each month of $ . The sale of collateral generates working capital, which allows the generation of more products to sell each month, giving creditor sufficient Replacement Collateral to justify the use of Cash per month. Collateral. The Replacement Collateral is $ (8) The generation of Replacement Collateral, as described above, is offered as adequate protection. (9) Proposed Budget: INCOME: Rent: $ Sales: $ Ot
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