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Order Granting Motion For Relief From Automatic Stay (Real Property) (Lodged Order Upload) F 4001-1.ORDER.RP - California
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Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address FOR COURT USE ONLY Attorney for Movant(s) Movant(s) appearing without an attorney UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA In re: CASE NO.: CHAPTER: DIVISION ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. § 362 (REAL PROPERTY) DATE: TIME: COURTROOM: PLACE: Debtor(s). Movant: 1. The Motion was: Opposed Unopposed Settled by stipulation 2. The Motion affects the following real property (Property): Street address: Unit number: City, state, zip code: _______________________________________________ _______________________________________________ _______________________________________________ Legal description or document recording number (including county of recording): See attached page. This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. February 2013 Page 1 F 4001-1.ORDER.RP 3. The Motion is granted under: 11 U.S.C. § 362(d)(1) 11 U.S.C. § 362(d)(4) 11 U.S.C. § 362(d)(2) 11 U.S.C. § 362(d)(3) 4. As to Movant, its successors, transferees and assigns, the stay of 11 U.S.C. § 362(a) is: a. b. c. 5. Terminated as to Debtor and Debtor's bankruptcy estate. Annulled retroactively to the date of the bankruptcy petition filing. Modified or conditioned as set forth in Exhibit to this Order. Movant may enforce its remedies to foreclose upon and obtain possession of the Property in accordance with applicable nonbankruptcy law, but may not pursue any deficiency claim against the Debtor or property of the estate except by filing a Proof of Claim pursuant to 11 U.S.C. § 501. 6. Movant must not conduct a foreclosure sale before the following date (specify): 7. The stay shall remain in effect subject to the terms and conditions set forth in the Adequate Protection Attachment to this Order. In chapter 13 cases, the trustee must not make any further payments on account of Movant's secured claim after entry of this Order. The secured portion of Movant's claim is deemed withdrawn upon entry of this Order without prejudice to Movant's right to file an amended unsecured claim for any deficiency. Absent a stipulation or order to the contrary, Movant must return to the trustee any payments received from the trustee on account of Movant's secured claim after entry of this Order. The filing of the petition was part of a scheme to delay, hinder, and defraud creditors that involved either: transfer of all or part ownership of, or other interest in, the Property without the consent of the secured creditor or court approval. multiple bankruptcy filings affecting the Property. If recorded in compliance with applicable state law governing notices of interests or liens in the Property, this Order is binding and effective under 11 U.S.C. § 362(d)(4)(A) and (B) in any other bankruptcy case purporting to affect the Property filed not later than 2 years after the date of entry of this Order, except that a debtor in a subsequent bankruptcy case may move for relief from this Order based upon changed circumstances or for good cause shown, after notice and a hearing. Any federal, state or local governmental unit that accepts notices of interests or liens in real property shall accept any certified copy of this Order for indexing and recording. 8. 9. This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. February 2013 Page 2 F 4001-1.ORDER.RP 10. This court further orders as follows: a. b. c. The 14-day stay as provided in FRBP 4001(a)(3) is waived. The provisions set forth in the Extraordinary Relief Attachment shall also apply (attach Optional Form F 4001-1O.ER). See attached continuation page for additional provisions. Date: United States Bankruptcy Judge This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. February 2013 Page 3 4001-1.ORDER.RP ADEQUATE PROTECTION ATTACHMENT (This attachment is the continuation page for paragraph 7 of the Order on the Motion.) The stay remains in effect subject to the following terms and conditions: 1. 2. The Debtor tendered payments at the hearing in the amount of $___________________. The Debtor must make regular monthly payments in the amount of $___________________ commencing _______________. The amount of these payments may be subject to change under the terms of the parties' original agreements. All payments due Movant hereunder must be paid to Movant at the following address: 3. The Debtor must cure the postpetition default computed through _____________________ in the sum of $_____________________ as follows: a. b. c. d. e. In equal monthly installments of $ ___________________ each commencing __________________ and continuing thereafter through and including __________________. By paying the sum of $ __________________ on or before _____________________, By paying the sum of $ __________________ on or before _____________________, By paying the sum of $ __________________ on or before _____________________, Other (specify): 4. The Debtor must maintain insurance coverage on the property and must remain current on all taxes that fall due postpetition with regard to the property. The Debtor must file a Disclosure Statement and Plan on or before (specify date): ________________ The Disclosure Statement must be approved on or before (specify date): ___________________ The Plan must be confirmed on or before (specify date): ________________ Upon any default in the foregoing terms and conditions, Movant must serve written notice of default to Debtor and Debtor's attorney, if any. If Debtor fails to cure the default within 14 days after service of such written notice, plus 3 additional days if served by mail: a. b. c. d. The stay automatically terminates without further notice, hearing or order. Movant may file and serve a declaration under penalty of perjury specifying the default, together with a proposed order terminating the stay, which the court may grant without further notice or hearing. The Movant may move for relief from the stay upon shortened notice in accordance with LBRs. The Movant may move for relief from the stay on regular notice. 5. 6. This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. February 2013 Page 4 F 4001-1.ORDER.RP 7.