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Order Granting Motion For Relief From Automatic Stay (Real Property) F 4001-1.ORDER.RP - California
| Order Granting Motion For Relief From Automatic Stay (Real Property) 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 Attorney for Debtor(s) Debtor(s) appearing without attorney UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - _____________________ DIVISION In re: CASE NO.: CHAPTER: ORDER ON MOTION TO AVOID LIEN UNDER 11 U.S.C. § 522(f) (REAL PROPERTY) Debtor(s). [No hearing required] Creditor Name: __________________________________________________ (Insert name of creditor holding lien to be avoided) Pursuant to 11 U.S.C. § 522(f) and LBR 9013-1(o), Debtor(s) moved to avoid a judicial lien on real property claimed to be exempt. THE COURT FINDS AND ORDERS AS FOLLOWS: 1. Notice of this motion complied with LBR 9013-1(o). 2. Hearing Information: No hearing is required: Debtor(s) has filed a declaration (F 9013-1.2.NO.HEARING.DEC) stating that no a. opposition was timely received. A timely objection was received and a hearing was held as follows: b. (1) Date:___________ (2) Time:________ (3) Courtroom: _____ (4) Judge: ___________ (5) The matter was (6) (7) (8) (9) Contested Uncontested Settled by Stipulation Not Prosecuted Debtor(s) present in court (Name): ________________________________________________________ Attorney for Debtor(s) present in court (Name): _______________________________________________ Attorney for Lienholder present in court (Name): ______________________________________________ Other parties present as reflected in the court record 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 4003-2.1.ORDER.RP 3. The real property to which this Order applies is as follows: a. Street Address (specify): ____________________________________________________________________ b. Legal Description (specify): ________________________________________ See Attached Page 4. Recording information regarding lien to be avoided: a. Date of recordation of lien (specify): _______________________________________ b. Recorder's instrument number or map/book/page number (specify): ______________________________ 5. Motion granted: The judicial lien sought to be avoided impairs an exemption to which Debtor(s) would otherwise be entitled under 11 U.S.C. § 522(d) The judicial lien is hereby declared void and unenforceable: b. In its entirety (1) a. (2) In the following amount only: $ _____________. and enforceable lien against the property. The balance of $ _____________ remains a valid 6. a. b. c. 7. Motion denied on the following grounds: Insufficient notice With prejudice Without prejudice Insufficient evidence of the exempt status of the property in question Other (specify): ________________________________________________________________ The court further orders as follows (specify): See Attached Page DATED: _____________________ 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 2 F 4003-2.1.ORDER.RP NOTICE OF ENTERED ORDER AND SERVICE LIST Notice is given by the court that a judgment or order entitled (specify): ORDER ON MOTION TO AVOID LIEN UNDER 11 U.S.C. § 522(f) (REAL PROPERTY) ________________________________________ _________________________________________________________________________________________ was entered on the date indicated as AEntered@ on the first page of this judgment or order and will be served in the manner stated below: _________________________________________________________________________________________ 1. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) B Pursuant to controlling General Orders and LBRs, the foregoing document was served on the following persons by the court via NEF and hyperlink to the judgment or order. As of (date)________________, the following persons are currently on the Electronic Mail Notice List for this bankruptcy case or adversary proceeding to receive NEF transmission at the email addresses stated below. Service information continued on attached page 2. SERVED BY THE COURT VIA UNITED STATES MAIL: A copy of this notice and a true copy of this judgment or order was sent by United States mail, first class, postage prepaid, to the following persons and/or entities at the addresses stated below: Service information continued on attached page 3. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or order which bears an AEntered@ stamp, the party lodging the judgment or order will serve a complete copy bearing an AEntered@ stamp by United States mail, overnight mail, facsimile transmission or email and file a proof of service of the entered order on the following persons and/or entities at the addresses, facsimile transmission numbers, and/or email addresses stated below: Service information continued on attached page This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. February 2013 F 4003-2.1.ORDER.RP
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