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Notice Of Motion And Motion In Individual Chapter 11 Case F 2081-1.2.MOTION.BUDGET - 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** In re: CASE NO.: CHAPTER: 11 DIVISION NOTICE OF MOTION AND MOTION IN INDIVIDUAL CHAPTER 11 CASE FOR ORDER PURSUANT TO 11 U.S.C. § 363 SETTING BUDGET FOR INTERIM USE OF ESTATE PROPERTY AS DEFINED IN 11 U.S.C. § 1115 This motion is being made under ONLY ONE of the following notice procedures: No hearing unless requested under LBR 9013-1(o)(4); or 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. PLEASE TAKE NOTICE THAT Debtor moves this court for an order setting a budget for interim use of estate property as defined in 11 U.S.C. § 1115. 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 This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. 2. December 2012 Page 1 F 2081-1.2.MOTION.BUDGET a copy of your opposition upon the Debtor and Debtor's attorney and the United States trustee, and also serve a copy on the judge pursuant to LBR 5005-2(d) and the Court Manual. a. No Hearing Scheduled; Notice Provided Under LBR 9013-1(o): This Motion is filed by Debtor pursuant to LBR 9013-1(o), which provides for granting of motions without a hearing. The full Motion is 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 and request for hearing with the court and serve it as stated above no later than 14 days after the date stated on the Proof of Service of this Motion plus 3 additional days if you were served by mail, electronically, or pursuant to F.R.Civ.P. 5(b)(2)(D), (E), or (F). Your opposition must comply with LBR 9013-1(f) and (o). 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)]. Other (specify): _____________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ b. c. d. e. Date: By: Signature of Debtor Name: Printed name of Debtor Date: By: Signature of attorney for Debtor, if any Name: Printed name of attorney for Debtor, if any 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 2081-1.2.MOTION.BUDGET MOTION FOR ORDER PURSUANT TO 11 U.S.C. § 363 SETTING BUDGET FOR INTERIM USE OF ESTATE PROPERTY AS DEFINED IN 11 U.S.C. § 1115 In order for the Debtor to reorganize effectively, Debtor must pay for reasonable actual household and/or business expenses. 1. 2. Debtor's postpetition income is property of the estate pursuant to 11 U.S.C. § 1115. Debtor requires the use of property of the estate to provide for reasonable and necessary living expenses, tax withholdings and ongoing payroll check reductions. Debtor has filed Debtor's Schedules I & J showing projected gross income, tax withholdings, other deductions and necessary living expenses with the court. Copies are attached as Exhibit A & Exhibit B, respectively, to the declaration accompanying this Motion. The Debtor's gross income, tax withholdings and other deductions are set forth in Exhibit A and the Debtor's budget of approximate expenses by category is set forth in Exhibit B. Debtor requests approval for all deductions from gross income listed on Schedule I. $______________, which is the total amount stated at line 18 of Schedule J. Debtor requests use of 3. 4. 5. Debtor understands that Debtor is not authorized to use Cash Collateral without the permission of the secured creditor or a separate order of this court. Debtor understands that Debtor is required to file timely Monthly Operating Reports with the court and serve the original on the United States trustee. Debtor further understands that all estate property, including the amount approved for Debtor's personal use herein, must be detailed in the Monthly Operating Reports. 6. WHEREFORE, Debtor requests that the
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