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Plaintiffs Complaint To Compel Turnover Of Certain Property From Defendant (Chapter 13) 9 - Tennessee
| Plaintiffs Complaint To Compel Turnover Of Certain Property From Defendant (Chapter 13) Form. This is a Tennessee form and can be used in USBC Western Federal . |
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Form No. 9 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TENNESSEE In re: Case No. - Chapter 13 Adv. Proc. No. Debtor(s) PLAINTIFFS COMPLAINT TO COMPEL TURNOVER OF CERTAIN PROPERTY FROM DEFENDANT Plaintiff, the above-named chapter 13 debtor(s), alleges and requests as follows (1) That this is an adversary proceeding brought pursuant to Fed. R. Bankr. P. 7001(1) and 11 U.S.C 542(a) to recover a certain assertedly repossessed by the defendant, , prior to the commencement of this chapter 13 case. (2) That this Court has jurisdiction under the provisions of 28 U.S.C. 1334, 151, and 157(a). (3) That by virtue of 28 U.S.C. 157(b)(2)(E) this is a core proceeding. See also Fed. R. Bankr. P. 7008(a).(4) That under the particular facts and circumstances and applicable law the plaintiff is entitled to possession of the above-described property of the estate for "use" as contemplated in 11 U.S.C. 363. WHEREFORE, Plaintiff respectfully prays for an expedited hearing and order directing turnover of the above described property of the estate from the defendant-creditor. Signature of Attorney for Plaintiff City, State, and Zip Code Printed Name of Attorney for Plaintiff-Debtor Office Telephone Number Facsimile Number Street Address Bar Disciplinary Number NOTICE OF EXPEDITED HEARING RE ABOVE COMPLAINT OF PLAINTIFF-DEBTOR SEEKING TURNOVER OF CERTAIN PROPERTY COMBINED WITH RELATED NOTICES NOTICE IS HEREBY GIVEN in accordance with L.B.R. 9075-1 that an expedited hearing shall be held on the ____ dayof , at 10:00 a.m. in the United States Bankruptcy Court, Courtroom No. , Federal Building, , , Tennessee, to consider the above-entitled adversary proceeding seeking a turnover of the abovedescribed property pursuant to 11 U.S.C. 542(a); that the defendant-creditor may appear at the time and place above-stated and request adequateprotection pursuant to 11 U.S.C. 363(e) and 361 as a precondition of turnover; that the attorney for the plaintiff-debtor should provideimmediate telephonic notice of the time and place of the expedited hearing and also transmit a copy of this Complaint and Notice of ExpeditedHearing to the defendant-creditor, the plaintiff-debtor, and the Chapter 13 trustee; and that the attorney for the plaintiff-debtor shall promptly filea written certificate of such notice and service with the Clerk of Court. UNITED STATES BANKRUPTCY COURT CLERK By: Deputy Clerk Date:
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