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Notice Of Motion And Motion For Relief From The Automatic Stay (Non-Bankruptcy Forum) F 4001-1.RFS.NONBK.MOTION - California
| Notice Of Motion And Motion For Relief From The Automatic Stay (Non-Bankruptcy Forum) 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.: DIVISION CHAPTER: SELECT CHAPTER NOTICE OF MOTION AND MOTION FOR RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. § 362 (with supporting declarations) (ACTION IN NON-BANKRUPTCY FORUM) DATE: TIME: COURTROOM: Debtor(s). MOVANT: _______________________________________________________________________________________ 1. NOTICE IS HEREBY GIVEN to the Debtor and trustee (if any)(Responding parties), their attorneys (if any), and other interested parties that on the above date and time and in the stated courtroom, Movant in the above-captioned matter will move this court for an order granting relief from the automatic stay as to Debtor and Debtor's bankruptcy estate on the grounds set forth in the attached Motion. 2. Hearing Location: 255 East Temple Street, Los Angeles, CA 90012 21041 Burbank Boulevard, Woodland Hills, CA 91367 3420 Twelfth Street, Riverside, CA 92501 411 West Fourth Street, Santa Ana, CA 92701 1415 State Street, Santa Barbara, CA 93101 This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 1 F 4001-1.RFS.NONBK.MOTION 3. a. This Motion is being heard on REGULAR NOTICE pursuant to LBR 9013-1. If you wish to oppose this Motion, you must file a written response to this Motion with the court and serve a copy of it upon the Movant's attorney (or upon Movant, if the Motion was filed by an unrepresented individual) at the address set forth above no less than 14 days before the above hearing and appear at the hearing of this Motion. b. This motion is being heard on SHORTENED NOTICE. If you wish to oppose this motion, you must appear at the hearing. Any written response or evidence must be filed and served: at the hearing at least days before the hearing. (1) An Application for Order Setting Hearing on Shortened Notice was not required (according to the calendaring procedures of the assigned judge). An Application for Order Setting Hearing on Shortened Notice was filed per LBR 9075-1(b) and was granted by the court. An Application for Order Setting Hearing on Shortened Notice has been filed and remains pending. Once the court has ruled on that motion, you will be served with another notice or an order that will specify the date, time and place of the hearing on the attached motion and the deadline for filing and serving a written opposition to the motion. (2) (3) 4. You may contact the Clerk's Office or use the court's website (www.cacb.uscourts.gov) to obtain a copy of an approved court form for use in preparing your response (optional court form F 4001-1.RESPONSE), or you may prepare your response using the format required by LBR 9004-1 and the Court Manual 5. If you fail to file a written response to the Motion or fail to appear at the hearing, the court may treat such failure as a waiver of your right to oppose the Motion and may grant the requested relief. Date: Printed name of law firm (if applicable) Printed name of individual Movant or attorney for Movant _____________________________________________ Signature of individual Movant or attorney for Movant This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 2 F 4001-1.RFS.NONBK.MOTION MOTION FOR RELIEF FROM THE AUTOMATIC STAY Movant: _______________________________________________________________________________ 1. The Non-bankruptcy Action: Movant moves for relief from the automatic stay as to Debtor and Debtor's bankruptcy estate with respect to the following pending lawsuit or administrative proceeding (Non-bankruptcy Action) in a nonbankruptcy forum: Case name: Docket number: Court or agency where pending: 2. Case History: a. A voluntary An involuntary on (specify date): petition under chapter 7 11 12 13 was filed b. c. d. An order of conversion to chapter Plan was confirmed on (specify date): 7 11 12 13 was entered on (specify date): Other bankruptcy cases affecting this action have been pending within the past two years. See attached declarations. e. For additional case history, see attached continuation page. 3. Grounds for Relief from Stay: Pursuant to 11 U.S.C. § 362(d)(1), cause exists to grant Movant relief from stay to proceed with the Non-bankruptcy Action to final judgment in the non-bankruptcy forum for the following reasons: a. The bankruptcy case was filed in bad faith specifically to delay, hinder or interfere with prosecution of the Non-bankruptcy Action. The claim is insured. Movant seeks recovery only from applicable insurance, if any, and waives any deficiency or other claim against the Debtor or estate property. Movant seeks recovery primarily from third parties and agrees that the stay will remain in effect as to enforcement of any resulting judgment against the Debtor or estate, except that Movant will retain the right to file a proof of claim under 11 U.S.C. § 501 and/or an adversary complaint under 11 U.S.C. § 523 or § 727 in this bankruptcy case. Mandatory abstention applies under 28 U.S.C. § 1334(c)(2), and Movant agrees that the stay will remain in effect as to enforcement of any resulting judgment against the Debtor(s) or estate, except that Movant will retain the right to file a proof of claim under 11 U.S.C. § 501 and/or an adversary complaint under 11 U.S.C. § 523 or § 727 in this bankruptcy case. The claims are non-dischargeable in nature and can be most expeditiously resolved in the non-bankruptcy forum. The claims at issue arise under non-bankruptcy law and can be most expeditiously resolved in the nonbankruptcy forum. Other reasons to allow the Non-bankruptcy Action to proceed are set forth in an attached Declaration. b. c. d. e. f. g. This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 3 F 4001-1.RFS.NONBK.MOTION 4. Movant also seeks annulment of the stay so that filing of the bankruptcy petition does not affect any and all of the enforcement actions that were taken after the filing of the bankruptcy petition in this case, as specified in the attached Declaration(s). 5. Evidence in Support of Motion: (Important Note: declaration(s) in support of
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