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Request For Hearing On Motion For Relief From Automatic Stay And Notice Of Hearing CSD 1186 - California
| Request For Hearing On Motion For Relief From Automatic Stay And Notice Of Hearing Form. This is a California form and can be used in General USBC Southern Federal . |
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CSD 1186 [08/01/11] Name, Address, Telephone No. & I.D. No. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA 325 West "F" Street, San Diego, California 92101-6991 In Re BANKRUPTCY NO. Debtor. RS NO. Moving Party Hearing Date: Hearing Time: Respondent(s) REQUEST FOR HEARING ON MOTION FOR RELIEF FROM AUTOMATIC STAY AND NOTICE OF HEARING TO:1 YOU ARE NOTIFIED that a party in interest, objects to the above-entitled Motion for Relief from Automatic Stay. Respondent is [check one]: [ [ ] Debtor ] Creditor [ [ ] United States Trustee ] Other (specify): [ ] Trustee , According to the Moving Party's Notice of Filing a Motion for Relief from Automatic Stay, the last date for filing and serving this Request is .2 YOU ARE FURTHER NOTIFIED that a hearing will be held to consider and act upon the Motion in Dept. No. , , Jacob Weinberger United States Courthouse, 325 West "F" Street, San Diego, California 92101-6991, on , at .m. Room DATED: (Typed Name and Signature) (Address) (City, State, ZIP Code) [ [ 1 2 ] ] Attorney for Respondent Respondent Local Bankruptcy Rule 4001-3, printed on the reverse, governs service of this Notice. Date is calculated as the 11th day after the day of service of the Notice of Motion, as indicated in the Certification of Service that accompanies that Notice. If you were served electronically or by mail, the date is calculated as the 14th day after the day of service If you were served electronically or by mail, you have three (3) additional days to take the above-stated actions or as calculated by Fed. R. Bankr. P. 9006(f). ALL PLEADINGS RELATED TO THIS PARTICULAR RS ACTION MUST CONTAIN THE ABOVE CAPTION CSD 1186 [Continued on Page 2] American LegalNet, Inc. www.FormsWorkFlow.com CSD 1186 (Page 2)[08/01/11] LOCAL BANKRUPTCY RULE 4001-3 "(a) Objections to a motion for relief from stay, together with Local Form CSD 1186, REQUEST FOR HEARING ON MOTION FOR RELIEF FROM AUTOMATIC STAY AND NOTICE OF HEARING, shall be served upon the movant, named respondents and the United States Trustee within eleven (11) days from the date of service of the motion for relief from stay and notice. The original and two (2) copies of the pleadings shall be filed with the clerk within the same 11-day period. If the objection relates to real or personal property, the objection shall substantially conform to Local Form CSD 1161, OPPOSITION TO MOTION FOR RELIEF FROM AUTOMATIC STATY (REAL PROPERTY OR PERSONAL PROPERTY). "(b) Prior to serving the objection, it shall be the duty of the objecting party to obtain from the court a date and time for a hearing on the objections. Such information shall be listed on Local Form CSD 1186, REQUEST FOR HEARING ON MOTION FOR RELIEF FROM AUTOMATIC STAY AND NOTICE OF HEARING, and in the caption of the objection." CERTIFICATE OF SERVICE I, the undersigned whose address appears below, certify: That I am, and at all times hereinafter mentioned was, more than 18 years of age; That on day of , 20 , I served a true copy of the within REQUEST FOR HEARING ON MOTION FOR RELIEF FROM AUTOMATIC STAY AND NOTICE OF HEARING, together with a copy of the accompanying DECLARATION IN OPPOSITION TO MOTION FOR RELIEF FROM STAY, together with the following pleadings [describe any other papers]: by [describe here mode of service]: on the following persons [set forth name and address of each person served] and/or as checked below: [ ] Attorney for Moving Party: [ ] Attorney for Debtor (if required): [ ] For Chpt. 7, 11, & 12 cases: UNITED STATES TRUSTEE Department of Justice 402 West Broadway, Suite 600 San Diego, CA 92101 [ ] For ODD numbered Chapter 13 cases: THOMAS H. BILLINGSLEA, JR., TRUSTEE 530 "B" Street, Suite. 1500 San Diego, CA 92101 [ ] For EVEN numbered Chapter 13 cases: DAVID L. SKELTON, TRUSTEE 525 "B" Street, Suite 1430 San Diego, CA 92101-4507 I certify under penalty of perjury that the foregoing is true and correct. Executed on (Date) (Typed Name and Signature) (Address) (City, State, ZIP Code) CSD 1186 American LegalNet, Inc. www.FormsWorkFlow.com
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