California > Federal > USBC Central > Local > 1010-1 Thru F 9075-1
Order Granting Motion For Relief From The Automatic Stay (Unlawful Detainer) F 4001-1O.UD - California
|Order Granting Motion For Relief From The Automatic Stay (Unlawful Detainer) Form. This is a California form and can be used in 1010-1 Thru F 9075-1 Local USBC Central Federal .||
|Get this form for FREE as a print-only pdf|
Attorney or Party Name, Address, Telephone & FAX Numbers, and California State Bar Number FOR COURT USE ONLY G Individual appearing without counsel G Attorney for: UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA In re: CHAPTER: CASE NO.: DATE: TIME: CTRM: FLOOR: Debtor(s). ORDER GRANTING MOTION FOR RELIEF FROM STAY UNDER 11 U.S.C. § 362 (Unlawful Detainer) (MOVANT: ) 1. 2. The Motion was: G Contested G Uncontested G Settled by Stipulation This Order applies to the following residential or nonresidential real property (the "Property"): Street Address: Apartment/Suite No.: City, State, Zip Code: 3. The Court orders that the Motion is granted under 11 U.S.C. § 362(d)(1) and (d)(2). The stay of 11 U.S.C. § 362(a) and the co-debtor stay of 11 U.S.C. § 1201(a) or § 1301(a), if applicable, (the "Stay") is/are terminated as to Debtor(s) and Debtor's(s') bankruptcy estate with respect to Movant, its successors, transferees and assigns ("Movant"). Movant may enforce its remedies to obtain possession of the Property in accordance with applicable non-bankruptcy law, but may not pursue any deficiency claim against the Debtor(s) or property of the estate, except by filing a Proof of Claim in this bankruptcy case pursuant to 11 U.S.C. § 501. The Court further orders as follows: a. b. c. d. e. f. g. 4. G G G G G G G Movant shall not cause the Debtor(s) to be locked out before the following date (specify): The Stay is annulled retroactive to the petition date. Any postpetition acts taken by Movant to enforce its remedies to obtain possession of the Property shall not constitute a violation of the Stay. This Order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All provisions of this Order also apply to relief from the co-debtor stay under 11 U.S.C. § 1201 or § 1301, as applicable to the above-named co-debtor. The 14-day stay provided by Bankruptcy Rule 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. Dated: UNITED STATES BANKRUPTCY JUDGE This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. )HEUXDU\ F 4001-1O.UD NOTICE OF ENTERED ORDER AND SERVICE LIST Notice is given by the court that a judgment or order entitled (specify): 25'(5 *5$17,1* 027,21 )25 5(/,() )520 67$< 81'(5 86& 8QODZIXO 'HWDLQHU ZDV HQWHUHG RQ WKH GDWH LQGLFDWHG RQ WKH ILUVW SDJH RI WKLV MXGJPHQW RU RUGHU DQG ZLOO EH VHUYHG LQ WKH PDQQHU VWDWHG EHORZ 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 VWated 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. )HEUXDU\ ) 28'