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Response To Motion For Order To Terminate Annul Modify F 4001-1.RFS.RESPONSE - California
| Response To Motion For Order To Terminate Annul Modify 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 A CHAPTER** RESPONSE TO MOTION FOR ORDER TO TERMINATE, ANNUL, MODIFY, OR CONDITION THE AUTOMATIC STAY UNDER 11 U.S.C. § 362 AND DECLARATION(S) IN SUPPORT DATE: TIME: COURTROOM: PLACE: Debtor(s). Movant: _________________________________________________________________________________________ Respondent: Debtor Trustee Other: _______________________________________________________ GENERAL NOTE: A request for additional time is not usually an adequate response in opposition to the Motion. This Response, supporting declaration(s) and other admissible evidence must be filed with the court and served pursuant to the LBRs. 1. NON-OPPOSITION: Notice is hereby given that the Respondent does not oppose the granting of the Motion. NOTE: If you do not oppose the Motion, there is no need to appear at the hearing scheduled in the Motion. 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 1 F 4001-1.RFS.RESPONSE 2. LIMITED OPPOSITION -- APPEARANCE REQUIRED: Respondent opposes the Motion only to the extent that it seeks immediate relief from stay. Respondent requests that no lock out, foreclosure, or repossession shall take place before (specify date): The reason for this request is (specify): 3. OPPOSITION -- APPEARANCE REQUIRED: Notice is hereby given that the Respondent opposes the granting of the Motion for the reasons set forth below. a. Respondent disputes the allegations/evidence contained in the Motion. As shown in the Declaration(s) filed with this Response: The value of the Property is $ , based upon (specify): Total amount of debt (loans) on the Property is $ . More payments have been made to Movant than the Motion has accounted for. True and correct copies of . canceled checks proving the payments that have been made are attached as Exhibit The Property is necessary for an effective reorganization. Respondent has filed or intends to file a plan . requiring the Property. A true and correct copy of the Plan is attached as Exhibit The Property is insured. A true and correct copy of the policy currently in effect is attached as . Exhibit The Movant's description of the status of the unlawful detainer proceeding is not accurate. See attached Declaration for Respondent's evidence. Respondent denies that this bankruptcy was filed in bad faith or improperly. See attached Declaration containing Respondent's evidence. Debtor would be prejudiced if the lawsuit or administrative proceeding is allowed to continue outside the bankruptcy court. See attached Declaration regarding Respondent's contentions. Service of the Motion: Not all parties were served Insufficient notice of the hearing Incorrect address used for (specify): ______________________________________________________ Other (specify): 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 4001-1.RFS.RESPONSE b. Respondent asserts: Case has been converted from chapter to chapter . All postpetition arrears will be cured by the hearing date. The Debtor has equity in the Property in the amount of $ Movant has an equity cushion of $ adequate protection. . which is sufficient to provide The Property is necessary for an effective reorganization because (specify reasons why): The Motion should be denied because (specify): 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 3 F 4001-1.RFS.RESPONSE 4. EVIDENCE IN SUPPORT OF RESPONSE AND SUPPORTING PAPERS: NOTE REGARDING SUPPORTING PAPERS: Declarations in opposition to the Motion MUST be attached hereto. Any individual signing a declaration must have personal knowledge of the facts stated in it and should attach any supporting documents, if possible. You may attach a Memorandum of Points and Authorities if you desire, but it is not required. NOTE REGARDING SERVICE OF RESPONSE AND SUPPORTING PAPERS: Pursuant to the LBRs, you must file with the clerk this completed Response along with supporting declaration(s) signed under penalty of perjury, AND also serve a copy of the Response and declaration(s) on the Movant's attorney (or Movant, if no attorney), the trustee, the United States trustee, and all other parties to the Motion. Pursuant to the LBRs, attached hereto are the following papers in support of this Response: Declaration by Debtor Declaration by trustee Declaration by appraiser Other (specify): Declaration by Debtor's attorney Declaration by trustee's attorney Memorandum of Points and Authorities (optional) Date: Respectfully submitted, Printed name of Respondent Printed name of law firm (if applicable) ___________________________________________________ Signature ___________________________________________________ Printed name of Respondent or attorney for Respondent 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 4 F 4001-1.RFS.RESPONSE PROOF OF SERVICE OF DOCUMENT I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: A true and correct copy of the foregoing document entitled: RESPONSE TO MOTION FOR ORDER TO TERMINATE, ANNUL, MODIFY, OR CONDITION THE AUTOMATIC STAY UNDER 11 U.S.C. § 362 AND DECLARATION(S) IN SUPPORT will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated below: 1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date) , I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below: Service information continued on attached page 2. SERVED BY UNITED STATES MAIL: , I served the following persons and/or entities at the last known addresses in this bankrupt
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