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Notice Of Motion And Motion For Relief From The Automatic Stay F 4001-1.RFS.UD.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 OR FOR ORDER CONFIRMING THAT THE AUTOMATIC STAY DOES NOT APPLY UNDER 11 U.S.C. § 362(l) (with supporting declarations) (UNLAWFUL DETAINER) DATE: TIME: COURTROOM: Debtor(s). Movant: __________________________________________________________________________________ 1. NOTICE IS HEREBY GIVEN to the Debtor, Debtor's attorney, and other interested parties (Responding Party) 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 or for an order confirming that the automatic stay does not apply as to Debtor and Debtor's bankruptcy estate on the grounds set forth in the attached Motion. NOTICE IS ALSO GIVEN to the trustee as an additional Responding Party, because the Motion relates to a nonresidential property. 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.UD.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 at the hearing at least the hearing. Any written response or evidence must be filed and served: 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 and such motion and order has been or is being served upon the debtor and trustee, if any. 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: Respectfully submitted, __________________________________________________ Printed name of law firm __________________________________________________ Signature __________________________________________________ Printed name 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.UD.MOTION MOTION FOR RELIEF FROM THE AUTOMATIC STAY OR FOR ORDER CONFIRMING THAT THE AUTOMATIC STAY DOES NOT APPLY (Unlawful Detainer) Movant: __________________________________________________________________________________ 1. The Property at Issue: Movant moves for relief from the automatic stay to obtain possession of the residential or nonresidential premises at the following address (Property): Street Address: Apt./Suite No.: City, State, Zip Code: The Property is: 2. Case History: a. A voluntary An involuntary was filed on (specify date): An Order of Conversion to chapter was entered on (specify date): Plan was confirmed on (specify date): Other bankruptcy cases of the Debtor were pending within the year ending on the petition date. See attached declaration. Other bankruptcy cases affecting this Property have been pending within the two years ending on the petition date. See attached declaration. petition under chapter 7 11 12 13 Residential Nonresidential b. 7 11 12 13 c. d. e. 3. Grounds for Relief from Stay: (Check all that apply) a. Pursuant to 11 U.S.C. § 362(d)(1), cause exists because, as of petition date, Debtor had no right to continued occupancy of the premises, as follows: (1) An unlawful detainer judgment in favor of Movant was entered prepetition. A. The Debtor has not filed with the petition and served on the Movant the certification required under 11 U.S.C. § 362(l)(1). The Debtor or adult dependent of Debtor has not deposited with the clerk any rent that would become due during the 30-day period after the filing of the petition. The Debtor or adult dependent of Debtor has not filed and served on the Movant the further certification required under 11 U.S.C. § 362(l)(2) that the entire monetary default that gave rise to the judgment has been cured. The Movant has filed and served an objection to the certification referenced in (a)(1)(A) and/or . A hearing on this (a)(1)(C) above. A copy of the objection is attached hereto as Exhibit . objection is set for: B. C. D. (2) An unlawful detainer proceeding was commenced prepetition. 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.UD.MOTION (3) Movant acquired title to the premises by foreclosure sale prepetition and recorded the deed within the period provided by state law for perfection. Movant acquired title to the premises by foreclosure sale postpetition and recorded the deed within the period provided by state law for perfection. The lease or other right of occup
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