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Opposition To Motion For Relief From Automatic Stay CSD 1161 - California

Opposition To Motion For Relief From Automatic Stay Form. This is a California form and can be used in General USBC Southern Federal .
 Fillable pdf Last Modified 7/15/2003
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COURT COUNTY .OF. . CSD .1161 .[05/15/03]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... ... .. Name, Address, Telephone No. & I.D. No. : : Index No. Calendar No. Plaintiff(s) -againstUNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA 325 West "F" Street, San Diego, California 92101-6991 In Re : : : : JUDICIAL SUBPOENA Defendant(s) : ...................................................... Debtor. BANKRUPTCY NO. THE PEOPLE OF THE STATE OF NEW YORK Moving Party RS NO. TO Hearing Date: Hearing Time: Respondent(s) GREETINGS: WE COMMAND YOU, that PROPERTY and excuses being laid aside, you and each of you attend before REAL all business PERSONAL PROPERTY , the Honorable at the Court located moves this Court for an Order denying relief from the automatic stay on the grounds County of Respondent in the above-captioned matter at set forthroom in below. , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 1. A Petition under Chapter 7 11 12 13 was filed on . 2. Procedural Status: a. Name of Trustee Appointed (if any): Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to OPPOSITION TO MOTION FOR RELIEF FROM AUTOMATIC STAY the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a b. Name result of your failure toof Attorney of Record for Trustee (if any): comply. c. *Prior Filing Information: Debtor Honorable Witness,has previously filed a Bankruptcy Petition on: Court in If applicable, the prior case was dismissed on: , 20 County, day of d. (If Chapter 13 case): Chapter 13 Plan was confirmed on hearing is set for . . Amount of unsecured debt $ , one of .the Justices of the . or a confirmation (Attorney must sign above and type name below) 3. 4. 5. *Number of unsecured creditors *Last operating report filed: . Attorney(s) for *Disclosure statement: Filed? (yes/no) If yes, date of plan confirmation hearing: . Approved? (yes/no) . Office and P.O. Address *Only required if respondent is the debtor. CSD 1161 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . CSD .1161 .(Page . 2) . [05/15/03] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... ... . Respondent alleges the following in opposition to the Motion: 1. a. The following real property is the subject of this Motion: Street address of the property including county and state: : : : : Index No. Calendar No. Plaintiff(s) -againstb. JUDICIAL SUBPOENA : Type of real property (e.g., single family residence, apartment building, commercial, industrial, condominium, unimproved): : c. Legal description of property is attached as Exhibit A. Defendant(s) : ...................................................... d. e. 2. **Fair market value of property: $ **Nature of Respondent's interest in the property: The following personal property is the subject of this Motion (describe property): . THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: b. 3. a. **Fair market value of property: $ **Nature of Respondent's interest in the property: . WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Status of Movant's loan: , the Honorable at the Court a. $ located for County of Balance owing on date of Orderat Relief: b. $ in room Amount, of monthly payment: on the day of , 20 , at o'clock in the noon, and at any recessed c. Date of last payment: or adjourned real property, and give evidence as a witness in this action on the part of the date, to testify d. If (1) Date of default: (2) Notice of Default recorded on: (3) Notice of Sale published on: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to (4) Foreclosure sale currently scheduled for: the e. party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a If personal property, result of your failure to comply. (1) Pre-petition default: $ No. of months: (2) Post-petition default: $ No. of months: 4. (If Chapter 13 Case, state the following:) Court in Date of post-petition default: of County, day a. b. Amount of post-petition default: Encumbrances: a. Voluntary encumbrances on the property: Witness, Honorable , one of the Justices of the , 20 $ (Attorney must sign above and type name below) 5. Lender Name 1st: 2nd: 3rd: 4th: Totals for all Liens: $ Principal Balance Pre-Petition Arrearages Total Attorney(s) for Amount - # of Months Post-Petition Arrearages Total Amount - # of Months Office and P.O. Address $ $ Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: **Separately filed Declaration required by Local Bankruptcy Rule 4001-4. CSD 1161 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . CSD .1161 .(Page . 3) . [05/15/03] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... ... . b. : Involuntary encumbrances of record (e.g., tax, mechanic's, judgment and other liens, lis pendens): See attached page, if necessary. : Index No. Calendar No. Plaintiff(s) 6. : JUDICIAL SUBPOENA : Relief from the automatic -against- not be granted because: stay should a. Movant's interest in the property described above is adequately protected. : b. c. Debtor has equity in the property described above and such property is necessary to an effective reorganization. : The property is not "single asset real estate", as defined in 11 U.S.C. § 101(51B). Defendant(s) : . . . d.. . . . . . . . . .The property. is."single . . . . . real estate", .as.defined. in 11 U.S.C. § 101(51B), and less than 90 days . . . . . . . . . . . . . . . . asset . . . . . . . . . . . . . . . (or (1) days ordered by this court) have passed since entry of the order for relief in this case, or the Debtor/Trustee has filed a plan of reorganization that has a reasonable possibility of being confirmed within a reasonable time; or THE PEOPLE OF THE STATE OF NEW YORK TO (2) the Debtor/Trustee has commenced monthly payments to each creditor whose claim is secured by the property (other than a claim secured by a judgment lien or by an unmatured statutory lien) which payments are equal to interest at a current fair market rate on the value of each creditors' interest in the property. Other (specifiy): See
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