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Order For Relief From The Automatic Stay - North Carolina
| Order For Relief From The Automatic Stay Form. This is a North Carolina form and can be used in USBC Middle Federal . |
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ____________________ DIVISION IN RE: ) ) DEBTOR(S), ) Case Number __-__________ Debtor(s). ) Chapter 7 ____________________________________) ORDER FOR RELIEF FROM THE AUTOMATIC STAY This matter came on before the undersigned United States Bankruptcy Judge upon the Motion for Relief from Stay (the Motion) filed by [Creditor] (the Creditor) to exercise its state law rights with respect to certain real property (the Real Property) located at [address] (the Personal Property)]. The Court having considered the Motion and the record in this case finds and concludes as follows: 1. The Creditor filed the Motion on [filing date]. 2. The Clerk of the Bankruptcy Court mailed a Notice to interested parties on [mailing date] that any objection to the Motion must be filed with the Court by [objection date] and that if no objections were filed within that time period, then the Court would consider the Motion without a hearing. 3. No objection to the Motion was filed by any interested party, and the time within which objections must be filed as set forth in the Notice has expired. 4. Cause exists for modification of the automatic stay afforded by Section 362 of the Bankruptcy Code. NOW, THEREFORE, it is hereby ORDERED, ADJUDGED, AND DECREED that the Motion is granted, and the automatic stay afforded by Section 362 is modified to allow [Creditor] to exercise its state law rights with respect to the Real Property [and/or Personal Property]. IT IS FURTHER ORDERED that Rule 4001(a)(3) of the Federal Rules of B ankruptcy Procedure is waived and that the Creditor may immediately enforce and implement this Order. IT IS FURTHER ORDERED that if a sale of the Real Property [and/or Person al Property] is held and excess proceeds are derived, then such proceeds sh all be deposited with the Chapter 7 Trustee in this case. This the ________ day of ________________, ________. ________________________________ United States Bankruptcy Judge American LegalNet, Inc. www.USCourtForms.com
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