Hawaii > Federal > Bankruptcy Court > Chapter 13
Order Granting Relief From Stay hib 4001-1f2 - Hawaii
| Order Granting Relief From Stay Form. This is a Hawaii form and can be used in Chapter 13 Bankruptcy Court Federal . |
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Filer's Name, Address, Phone, Fax, Email of Preparer: UNITED STATES BANKRUPTCY COURT DISTRICT OF HAWAII 1132 Bishop Street, Suite 250 Honolulu, Hawaii 96813 hib_4001-1f2 (1/11) Debtor: Joint Debtor: (if any) Case No.: Chapter: ORDER GRANTING RELIEF FROM STAY Unopposed hearing canceled Type of motion: Hearing held on: Related Docket No.: Presiding Judge: Relief from Automatic Stay Codebtor Stay Automatic and Codebtor Stays Moving Party: [Address or legal description of property, title of action, etc.] Subject property or other matter: Upon consideration of the above-identified motion and supporting documents, due notice having been given, and there being no timely opposition filed or for the reasons stated on the record, IT IS HEREBY ORDERED: 1. The motion is GRANTED; 2. The stay under 11 U.S.C. § 362(a) and/or § 1201(a) or § 1301(a) is terminated or modified and the moving party, its successors, transferees, and assigns, may exercise any rights and remedies under applicable nonbankruptcy law with respect to the subject property or other matter described above; 3. No deficiency judgment or other money judgment may be entered against the debtor unless and until the bankruptcy court enters an order (i) denying the debtor a discharge, (ii) determining that the debt owed to the moving party is not dischargeable, (iii) dismissing the case prior to the entry of a discharge, or (iv) expressly authorizing the entry of such a judgment; American LegalNet, Inc. www.FormsWorkFlow.com 4. If the subject property is sold and the proceeds exceed the amount of the secured claim(s), the moving party must turn over the surplus proceeds to the trustee; 5. The secured portion of any proof of claim filed by the moving party with respect to the subject property is deemed withdrawn and the moving party may seek collection of any unsecured deficiency amount only by filing a proof of claim under 11 U.S.C. § 501, or by amending a previously filed proof of claim; 6. This order will remain effective despite the conversion of the case to one under another chapter; 7. This order is limited to granting relief from the automatic stay and/or the codebtor stay under the Bankruptcy Code and does not determine any issues concerning any rights, claims, remedies, or defenses of the moving party, the debtor, or any other party; and 8. In a chapter 13 case, as soon as practicable after the trustee receives notice of this order, the trustee shall cease making distributions on all claims secured by the property described above except for funds then being held by trustee for distribution. SPECIAL PROVISIONS Applicable only if checked: As explicitly requested in the motion, and based on an adequate factual and legal basis for extraordinary relief, IT IS FURTHER ORDERED: The 1 -day stay provided under Fed. R. Bankr. P. 4001(a)(3) does not apply. This order provides "in rem" relief, i.e. this order is binding with respect to the subject property for 240 days after the date of entry of this order in any other bankruptcy case that has been or may be filed. The relief is applicable retroactively to: __________________________________________. (date specified in motion) A deficiency judgment may be entered against the chapter 13 codebtor without further order of the court. American LegalNet, Inc. www.FormsWorkFlow.com
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