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Notice Of Motion And Motion For Relief From The Automatic Stay F 4001-1.RFS.PP.MOTION - California
| Notice Of Motion And Motion For Relief From The Automatic Stay 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) (PERSONAL PROPERTY) 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.PP.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 TIME. 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 (1) at least days before the hearing. A Motion for Order Shortening Time was not required (according to the calendaring procedures of the assigned judge). A Motion for Order Shortening Time was filed per LBR 9075-1(b) and was granted by the court. A Motion for Order Shortening Time 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 LBR 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.PP.MOTION MOTION FOR RELIEF FROM STAY Movant: ___________________________________________________________ 1. The Property at Issue: Movant moves for relief from the automatic stay with respect to the following personal property (Property): Vehicle (describe year, manufacturer, type, and model): Vehicle Identification Number: Location of vehicle (if known): Equipment (describe manufacturer, type, and characteristics): Serial number(s): Location (if known): Other Personal Property (describe type, identifying information, and location): 2. Case History: a. A voluntary (specify date): An involuntary petition under chapter 7 11 12 13 was filed on 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 Property have been pending within the past two years. See attached declaration. 3. Grounds for Relief from Stay: a. (1) (a) (b) Pursuant to 11 U.S.C. § 362(d)(1), cause exists to grant Movant the requested relief from stay as follows: Movant's interest in the Property is not adequately protected. Movant's interest in the Property is not protected by an adequate equity cushion. The fair market value of the Property is declining and payments are not being made to Movant sufficient to protect Movant's interest against that decline. No proof of insurance re the Property has been provided to Movant, despite borrower's obligation to insure the collateral under the terms of Movant's contract with Debtor. Payments have not been made as required by an adequate protection order previously granted in this case. The bankruptcy case was filed in bad faith to delay, hinder or defraud Movant. (a) Movant is the only creditor or one of very few creditors listed on the master mailing matrix. (c) (d) (2) 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.PP.MOTION (b) (c) The Property was transferred to Debtor either just before the bankruptcy filing or since the filing. Non-individual entity was created just prior to bankruptcy filing for the sole purpose of filing bankruptcy. Other bankruptcy cases have been filed asserting an interest in the same Property. The Debtor filed what is commonly referred to as a "face sheet" filing of only a few pages consisting of the Petition and a few other documents. No schedules or Statement of Affairs (or Chapter 13 Plan, if appropriate) has been filed. (Chapter 12 or 13 cases only) (d) (e) (3) (a) (b) (4) (5) b. Postconfirmation plan payments have not been made to the standing trustee. Postconfirmation payments required by the confirmed plan have not been made to Movant. The lease has been rejected or deemed rejected by operation of law. For other cause for relief from stay, see attached continuation page. Pursuant to 11 U.S.C. § 362(d)(2)(A), Debtor has no equity in the Property; and pursuant to 11 U.S.C. § 362(d)(2)(B), the Property is not necessary for an effective reorganization. Movant als
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