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Notice Of Motion And Motion In Individual Chapter 11 Case F 2081-1.3.MOTION.PAYROLL - 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: DIVISION CASE NO.: CHAPTER: 11 NOTICE OF MOTION AND MOTION IN INDIVIDUAL CHAPTER 11 CASE FOR ORDER AUTHORIZING PAYMENT OF PREPETITION PAYROLL AND TO HONOR PREPETITION EMPLOYMENT PROCEDURES [LBR 2081-1(a)(6)] 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 authorizing payment of prepetition payroll and to honor prepetition employment procedures. 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 2081-1.3.MOTION.PAYROLL 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 2081-1.3.MOTION.PAYROLL MOTION FOR ORDER AUTHORIZING PAYMENT OF PREPETITION DATE PAYROLL AND TO HONOR PREPETITION PAYROLL PROCEDURES [LBR 2081-1(a)(6)] 1. 2. In order to prepare properly a plan for reorganization, Debtor must be able to retain and pay his/her employees. Debtor requests that this court authorize the Debtor to pay outstanding balances of prepetition payroll as set forth in specific detail in the list of employees, prepetition wages and insider designation (List), attached hereto, and to continue prepetition payroll procedures. Debtor hereby declares under penalty of perjury that the following are true and correct: a. b. The employees set forth in the List are still employed by the Debtor; The payment of the balances owed on prepetition payroll are necessary to fairly compensate the employees for the reasonable value of services performed in the ordinary course of employment consistent with historical payment terms; The prepetition payroll procedures sought to be continued are beneficial to the chapter 11 estate; The Debtor has a reasonable prospect of reorganizing through chapter 11; Any employees who are insiders, are clearly identified in the attached List; The employees' claims are either within the limits established by 11 U.S.C. ยง 507(a)(4) or (5) or are clearly bifurcated in the list of employees, prepetition wages and insider designation, into amounts within the limit and amounts in excess of the limit; The payment(s) proposed will not render the estate administratively insolvent since there will be at least $ cash reserves following the proposed payment(s). 3. c. d. e. f. g. WHEREFORE, Debtor prays that he/she be authorized to make the payments to employees as outlined in the List attached hereto, and that he/she be authorized to continue prepetition payroll procedures. Date: By: Signature of Debtor Name: Printed name of Debtor Date: By: Sign
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