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Notice Of Motion And Motion For Relief From The Automatic Stay F 4001-1.RFS.RP.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 Movant appearing without an attorney Attorney for Movant UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - **SELECT DIVISION**DIVISION In re: CASE NO.: CHAPTER: SELECT CHAPTER NOTICE OF MOTION AND MOTION FOR RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. § 362 (WITH SUPPORTING DECLARATIONS) REGARDING REAL PROPERTY DATE: TIME: Debtor(s). COURTROOM: Movant: _____________________________________________________________________________________ Movant is the (check one): Holder of deed of trust Assignee of holder of deed of trust Servicing agent for holder of deed of trust or assignee of holder of deed of trust 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 by the United States Bankruptcy Court for the Central District of California. December 2012 Page 1 F 4001-1.RFS.RP.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. 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 may be filed and served: at the hearing (1) at least days before the hearing. b. 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 pursuant to LBR 9075-1(b) and was granted by the court, and such motion and order have been or are being served upon the Debtor and trustee, if any. A Motion for Order Shortening Time has been filed and is 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, if any. (2) (3) 4. You may contact the clerk's office 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. If you fail to file a written response to the motion, if required, 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. 5. 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 by the United States Bankruptcy Court for the Central District of California. December 2012 Page 2 F 4001-1.RFS.RP.MOTION MOTION FOR RELIEF FROM THE AUTOMATIC STAY 1. The Property at Issue: Movant moves for relief from the automatic stay with respect to following real property (Property): Street address: Unit/suite no.: City, state, zip code: Legal description or document recording number (including county of recording): See attached continuation page. 2. Case History: a. A voluntary petition under chapter An involuntary petition 11 12 13 was filed on (specify date): 7 11 12 13 7 b. c. d. An Order of Conversion to chapter was entered on (specify date): Plan, if any, was confirmed on (specify date): Other bankruptcy cases affecting this Property were pending within the past two years. See attached declaration. 3. Grounds for Relief from Stay: a. Pursuant to 11 U.S.C. § 362(d)(1), cause exists to grant Movant the requested relief from stay as follows: (1) Movant's interest in the Property is not adequately protected. (a) (b) (c) Movant's interest in the collateral 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 Movant's collateral 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 to Movant. (d) (2) The bankruptcy case was filed in bad faith to delay, hinder, and defraud Movant. (a) (b) (c) Movant is the only creditor or one of very few creditors listed on the Debtor's master mailing matrix. Non-individual entity was created just prior to bankruptcy filing for the sole purpose of filing bankruptcy. 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 other Schedules or Statement of Financial Affairs (or chapter 13 Plan, if appropriate) have been filed. Other (see attached continuation page). (d) This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2012 Page 3 F 4001-1.RFS.RP.MOTION (3) (Chapter 12 or 13 cases only) (a) (b) Postconfirmation plan payments have not been made to the standing trustee. Postpetition payments due on the note secured by a deed of trust on the Property have not been made to Movant. (4) b. 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 § 362(d)(2)(B), the Property is not necessary to an effective reorganization. Pursuant to 11 U.S.C. § 362(d)(3), Debtor has failed within the later of 90 days after the order for relief or
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