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Notice Of Motion For Relief From Automatic Stay In Chapter 7 Or 13 Case 720 - Oregon
| Notice Of Motion For Relief From Automatic Stay In Chapter 7 Or 13 Case Form. This is a Oregon form and can be used in Bankruptcy Court Federal . |
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UNITED STATES BANKRUPTCY COURT DISTRICT OF OREGON In re ) ) ) ) ) ) Case No. ________________ NOTICE OF MOTION FOR RELIEF FROM (Check all that apply): AUTOMATIC STAY IN A CHAPTER 7/13 CASE CHAPTER 13 CODEBTOR STAY Debtor(s) I. YOU ARE NOTIFIED that a Motion was filed by ____________________________________________, the moving party, for (Check all that apply): Relief from the automatic stay protecting the debtor(s) and debtor's property, as provided by 11 USC §362. Relief from the stay protecting the codebtor, whose name and service address are: _______________________ __________________________________________________________________________________________, and codebtor's property as provided by 11 USC §1301. II. A copy of the Motion is attached. The name and service address of the moving party's attorney (or moving party, if no attorney) are:__________________________________________________________________________________ _____________________________________________________________________________________________ If you wish to resist the Motion, you must, within 14 days of the service date shown below, file the following with the Clerk of the U.S. Bankruptcy Court [NOTE: If you mail the Response to the Court for filing, you must mail it at least 3 days before the filing deadline, unless you use an overnight delivery service, so that it will actually be received at the Court on time]: A. A written response that states the facts supporting the opposition to the Motion by filling in the applicable "Response" portions on a copy of the original Motion. [NOTE: If the Response will be electronically filed, the Response must be prepared using the "fillable" pdf version of the original Motion unless the Motion was filed on paper and could not be electronically obtained from the movant]; III. And B. A fully completed Notice of Hearing using Local Form #721, including the date and time of the hearing. Available hearing dates and times are posted on the Court's website at www.orb.uscourts.gov under the "Hearings" heading. If you do not have internet access, please call the Court at (503) 326-1500 or (541) 431-4000 and press "0" to obtain the required forms and hearing information from a Court clerk. IV. Failure to Respond and Serve Proper Notice of Hearing. If you fail to file a timely response and a proper Notice of Hearing, then either: A. The automatic stay will expire as to the debtor(s) pursuant to 11 USC §362(e) 30 days after the Motion was originally filed, and/or the stay protecting the codebtor will automatically expire pursuant to 11 USC §1301(d) 20 days after the date the Motion was originally filed; Or B. The Court may sign an ex parte order, submitted by the moving party on Local Form #720.90, granting relief from the debtor stay and/or codebtor stay. Clerk, U.S. Bankruptcy Court [NOTE: If the 5-digit portion of the Case No. begins with "3" or "4", mail to 1001 SW 5th Ave. #700, Portland OR 97204; OR if it begins with "6" or "7", mail to 405 E 8th Ave #2600, Eugene OR 97401.] I certify that: (1) The Motion was prepared using the Court's "fillable" PDF version of Local Form #720.80; and (2) that on ___________ I served copies of this Notice and the Motion on the Debtor(s), any codebtor at the address listed above, Trustee, U.S. Trustee, members of any committee elected pursuant to 11 USC §705, and their respective attorneys. Signature of Moving Party or Attorney 720 (12/1/11) (OSB#) American LegalNet, Inc. www.FormsWorkFlow.com
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