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Order Granting Motion For Relief From The Automatic Stay (Personal Property) F 4001-1.ORDER.PP - California
| Order Granting Motion For Relief From The Automatic Stay (Personal 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 Movant(s) Movant(s) appearing without an attorney UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - **SELECT DIVISION** In re: CASE NO.: CHAPTER: **Select Chapter** DIVISION ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. § 362 (PERSONAL PROPERTY) DATE: TIME: COURTROOM: PLACE: Debtor(s). Movant: Opposed Unopposed Settled by stipulation 1. The Motion was: 2. The Motion affects the following personal property (Property): Vehicle (describe year, manufacturer, type and model): _____________________________________________ Vehicle identification number: ____________________________ Location of vehicle (if known): ____________________________ Equipment (describe manufacturer, type, and characteristics): Serial number(s): Location (if known): _______________________________________ _______________________________________ 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.PP Other Property (describe type, identifying information, and location): See Exhibit _________ attached to this Order. 3. The Motion is granted under: 11 U.S.C. § 362 (d)(1) 11 U.S.C. § 362(d)(2) 4. As to the Movant, its successors, transferees and assigns, the stay of 11 U.S.C. § 362(a) is: Terminated as to Debtor and Debtor's bankruptcy estate. a. b. Annulled retroactively to the date of the bankruptcy petition filing. c. Modified or conditioned as set for the in Exhibit _________ to this Order. 5. Movant may enforce its remedies to repossess or otherwise obtain possession and dispose of the Property in accordance with applicable nonbankruptcy law, but may not pursue any defi ciency claim against the De btor or property of the estate except by filing a Proof of Claim pursuant to 11 U.S.C. § 501. Movant must not repossess the Property before the following date (specify): _______________ The stay remains 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 i s 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. 6. 7. 8. 9. This Order is binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of the Bankruptcy Code. 10. This court further orders as follows: a. b. c. The 14-day stay provided by FRBP 4001(a)(3) is waived. The provisions set forth in the Extraordinary Relief Attachment shall also apply (attach Optional Form F 40011O.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 2 F 4001-1.ORDER.PP 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 sum 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 shall be paid to Movant at the following address: 3. The Debtor must cure the postpetition default computed through ____________ in the amount 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: 4. 5. 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 any attorney for Debtor. If Debtor fails to cure the default within 14 days after service of such written notice, plus 3 additional days if served by mail: The stay automatically terminates without further notice, hearing or order. a. b. Movant may file and serve 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 the LBRs. c. d. The Movant may move for relief from the stay on regular notice. 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 3 F 4001-1.ORDER.PP 7. Notwithstanding anything contained herein to the contrary, the Debtor shall be entitled to a maximum (number) of ____ notices of default and opportunities to cure pursuant to the preceding paragraph. Once a Debtor has defaulted this number of times on the obligations imposed by this Order and has been served with this number of notices of default, Movant is relieved of any obligation to serve additional notices of default and provide additional opportunities to cure. If an event of default occurs thereafter, Movant shall be entitled, without first serving a notice of default and providing the Debtor with an opportunity to cure, to file and serve a declaration under penalty of perjury setting forth in detail the Debtor's failures to perform hereunder, together with a proposed order terminating
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