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Order Granting Trustees Motion For Order Continuing The Automatic Stay F 4001-1.CONT.STAY.TRUSTEE.ORDER - California

Order Granting Trustees Motion For Order Continuing The Automatic Stay Form. This is a California form and can be used in 1010-1 Thru F 9075-1 Local USBC Central Federal .
 Fillable pdf Last Modified 12/23/2013
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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 Movant UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA In re: CASE NO.: CHAPTER: ORDER GRANTING TRUSTEE'S MOTION FOR ORDER CONTINUING THE AUTOMATIC STAY, FOR ADEQUATE PROTECTION AND FOR DELIVERY OF PERSONAL PROPERTY IN INDIVIDUAL CASE DATE: TIME: COURTROOM: PLACE: Debtor(s). Movant (name): 1. The Motion was: Opposed Unopposed Settled by stipulation 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 numbers(s): Location (if known): This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2013 Page 1 F 4001-1.CONT.STAY.TRUSTEE.ORDER Other personal property (describe type, identifying information, and location): See Exhibit attached to this order. 3. The Motion is granted under 11 U.S.C. ยง 362(h)(2) and the automatic stay shall be continued in effect regarding the Property as to the Secured Creditor/Lessor, and all other persons with a security interest in the Property, until further order of the court. 4. The stay shall be continued in effect subject to the terms and conditions set forth in the Adequate Protection Attachment to this order. The Debtor shall turnover the Property to the trustee. See attached continuation page for additional provisions. 5. 6. Date: _____________________ United States Bankruptcy Judge This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2013 Page 2 F 4001-1.CONT.STAY.TRUSTEE.ORDER ADEQUATE PROTECTION ATTACHMENT The stay shall remain in effect subject to the following terms and conditions: 1. 2. The Movant tendered payments at the hearing in the amount of $ . The Movant shall make regular monthly payments in the amount of $ commencing . All payments due Secured Creditor/Lessor hereunder shall be mailed to the following address: 3. The Movant shall cure the postpetition default through as follows: a. In equal monthly installments of $ continuing thereafter through and including By paying the sum of $ By paying the sum of $ By paying the sum of $ Other: in the sum of $ each commencing , on or before on or before on or before , , , and b. c. d. e. 4. The Movant shall maintain insurance coverage on the Property and shall remain current on all taxes that fall due postpetition with regard to the Property. Upon any default in the foregoing terms and conditions, Secured Creditor/Lessor shall serve written notice of default to Movant, and any attorney for Movant. If Movant fails to cure the default within 14 days after mailing of such written notice: a. b. The stay shall automatically terminate without further notice, hearing or order. Secured Creditor/Lessor 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 Secured Creditor/Lessor may move for relief from the stay upon shortened notice in accordance with the LBRs. The Secured Creditor/Lessor may move for relief from the stay on regular notice. 5. c. d. 6. Notwithstanding anything contained herein to the contrary, the Movant shall be entitled to a maximum of (number) notices of default and opportunities to cure pursuant to the preceding paragraph. Once a Movant has defaulted this number of times on the obligations imposed by this order and has been served with this number of notices of default, Secured Creditor/Lessor shall be relieved of any obligation to serve additional notices of default and provide additional opportunities to cure. If an event of default occurs thereafter, Secured Creditor/Lessor shall be entitled, without first serving a notice of default and providing the Movant with an opportunity to cure, to file and serve a declaration under penalty of perjury setting forth in detail the Movant's failures to perform hereunder, together with a proposed order terminating the stay, which the court may enter without further notice or hearing. This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2013 Page 3 F 4001-1.CONT.STAY.TRUSTEE.ORDER 7. The foregoing terms and conditions shall be binding only during the pendency of this bankruptcy case. If, at any time, the stay is terminated with respect to the Property by court order or by operation of law, the foregoing terms and conditions shall cease to be binding and Secured Creditor/Lessor may proceed to enforce its remedies under applicable non-bankruptcy law against the Property and/or against the Debtor. If Secured Creditor/Lessor obtains relief from stay based on Debtor's defaults hereunder, the order granting that relief shall contain a waiver of the 14-day stay created by FRBP 4001(a)(3). Secured Creditor/Lessor may accept any and all payments made pursuant to this order without prejudice to or waiver of any rights or remedies to which it would otherwise have been entitled under applicable non-bankruptcy law. Other (specify): 8. 9. 10. This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2013 Page 4 F 4001-1.CONT.STAY.TRUSTEE.ORDER
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