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Order Granting Trustees Motion For Order Continuing The Automatic Stay For Adequate Protection F 4001-1O.TCS - California
| Order Granting Trustees Motion For Order Continuing The Automatic Stay For Adequate Protection Form. This is a California form and can be used in 1010-1 Thru F 9075-1 Local USBC Central Federal . |
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Attorney or Party Name, Address, Telephone & FAX Numbers, and California State Bar Number FOR COURT USE ONLY Individual appearing without counsel Attorney for: UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA In re: CHAPTER: CASE NO.: DATE: TIME: CTRM: FLOOR: Debtor(s). ORDER GRANTING TRUSTEE'S MOTION FOR ORDER CONTINUING THE AUTOMATIC STAY, FOR ADEQUATE PROTECTION AND FOR DELIVERY OF PERSONAL PROPERTY IN INDIVIDUAL CASE ) (MOVANT: 1. The Motion was: Contested Uncontested Settled by stipulation 2. The Motion affects the following personal property ("Property"): Vehicle (describe year, manufacturer, type and model): Vehicle Identification Number: Location of vehicle (if known): Equipment (describe manufacturer, type, and characteristics): Serial number(s): Location (if known): Other Personal Property (describe type, identifying information, and location): See Exhibit attached to this Order. 3. The Motion is granted under 11 U.S.C. § 362(h)(2) and the automatic stay shall be continued in effect regarding the Property as to the Secured Creditor/Lessor, and all other persons with a security interest in the Property, until further order of the court. 4. The stay shall be continued in effect subject to the terms and conditions set forth in the Adequate Protection Attachment to this Order. (Continued on next page) This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. )HEUXDU\ F 4001-1O.TCS Order Granting Trustee's Motion for Order Continuing the Automatic Stay - Page 2 of In re (SHORT TITLE) Debtor(s). CHAPTER: CASE NO.: F 4001-1O.TCS 5. 6. The Debtor(s) shall turnover the Property to the Trustee. See attached continuation page for additional provisions. Dated: UNITED STATES BANKRUPTCY JUDGE This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. )HEUXDU\ F 4001-1O.TCS Order Granting Trustee's Motion for Order Continuing the Automatic Stay - Page 3 of In re (SHORT TITLE) Debtor(s). CHAPTER: CASE NO.: F 4001-1O.TCS ADEQUATE PROTECTION ATTACHMENT (MOVANT: ________________________) (This Attachment is the continuation page for Paragraph 4 of the Order on the Motion.) The stay shall remain in effect subject to the following terms and conditions: 1. 2. The Movant tendered payments at the hearing in the amount of $ . . The Movant shall make regular monthly payments in the amount of $ commencing All payments due Secured Creditor/Lessor hereunder shall be paid to the following address: 3. The Movant shall cure the postpetition default computed through as follows: $ a. b. c. d. e. In equal monthly installments of $ continuing thereafter through and including By paying the sum of $ By paying the sum of $ By paying the sum of $ Other: each commencing , on or before on or before on or before , , , in the sum of and 4. The Movant shall maintain insurance coverage on the property and shall remain current on all taxes that fall due postpetition with regard to the property. Upon any default in the foregoing terms and conditions, Secured Creditor/Lessor shall serve written notice of default to Movant, and any attorney for Movant. If Movant fails to cure the default within 14 days after mailing of such written notice: a. b. c. d. The stay shall automatically terminate without further notice, hearing or order. Secured Creditor/Lessor may file and serve a declaration under penalty of perjury specifying the default, together with a proposed order terminating the stay, which the Court may grant without further notice or hearing. The Secured Creditor/Lessor may move for relief from the stay upon shortened notice in accordance with Local Bankruptcy Rules. The Secured Creditor/Lessor may move for relief from the stay on regular notice. 5. (Continued on next page) This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. )HEUXDU\ F 4001-1O.TCS Order Granting Trustee's Motion for Order Continuing the Automatic Stay - Page 4 of In re (SHORT TITLE) Debtor(s). CHAPTER: CASE NO.: F 4001-1O.TCS 6. Notwithstanding anything contained herein to the contrary, the Movant shall be entitled to a maximum of (number) notices of default and opportunities to cure pursuant to the preceding paragraph. Once the Movant has defaulted this number of times on the obligations imposed by this Order and has been served with this number of notices of default, Secured Creditor/Lessor shall be relieved of any obligation to serve additional notices of default and provide additional opportunities to cure. If an event of default occurs thereafter, Secured Creditor/Lessor shall be entitled, without first serving a notice of default and providing the Movant with an opportunity to cure, to file and serve a declaration under penalty of perjury setting forth in detail the Movant's failures to perform hereunder, together with a proposed order terminating the stay, which the Court may enter without further notice or hearing. The foregoing terms and conditions shall be binding only during the pendency of this bankruptcy case. If, at any time, the stay is terminated with respect to the Property by court order or by operation of law, the foregoing terms and conditions shall cease to be binding and Secured Creditor/Lessor may proceed to enforce its remedies under applicable non-bankruptcy law against the Property and/or against the Debtor(s). If Secured Creditor/Lessor obtains relief from stay based on Debtor's(s') defaults hereunder, the order granting that relief shall contain a waiver of the 14-day stay created by Federal Rule of Bankruptcy Procedure 4001(a)(3). Secured Creditor/Lessor may accept any and all payments made pursuant to this Order without prejudice to or waiver of any rights or remedies to which it would otherwise have been entitled under applicable non-bankruptcy law. Other (specify): 7. 8. 9. 10. Judge's Initials This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. )HEUXDU\ F 4001-1O.TCS NOTICE OF ENTERED ORDER AND SERVICE LIST Notice is given by the court that a judgment or order entitled (specify): 25'(5 *5$17,1* 75867((¶6 027,21 )25 25'(5 &217,18,1* 7+( $8720$7,& 67$< )25 $'(48$7( 3527(&7,21 $1' )25 '(/,9(5< 2) 3(5621$/ 3523(57< ,1 ,1',9,'8$/ &$6( _______________________________________ was entered on the date indicated as AEntered@ on the first page of this judgment or order and will be served in th
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