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Order Confirming That Automatic Stay Does Not Apply - New York
| Order Confirming That Automatic Stay Does Not Apply Form. This is a New York form and can be used in Southern District Bankruptcy Court Federal . |
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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------- x In re: , Debtor. ---------------------------------------------- x Case No.: ___ -________ (rdd) Chapter: ___ ORDER CONFIRMING THAT AUTOMATIC STAY DOES NOT APPLY TO THIS CHAPTER CASE Upon the motion ("the Motion") of__________________, dated _________, seeking an order pursuant to 11 U.S.C. § 362(c)(4)(A)(ii) and (j) confirming that the automatic stay under 11 U.S.C. § 362(a) is inapplicable in, and did not arise from the filing of, this chapter _ case; and, after due service, there being no objections to the motion [the above-captioned debtor (the "Debtor") having objected to the requested relief]; and the Court having held a hearing on the Motion on , 20_ ; and it appearing that _____ prior cases under the Bankruptcy Code were filed by the above debtor and were pending within the year before the commencement of this case, it is ORDERED that the Motion is granted. Pursuant to 11 U.S.C. § 362(c)(4)(A)(i) and (j), that the automatic stay under 11 U.S.C. § 362(a) did not take effect upon the filing of, and does not apply in, this chapter __case. Dated: ___________,20__ White Plains, New York _________________________ Hon. Robert D. Drain United States Bankruptcy Judge American LegalNet, Inc. www.FormsWorkFlow.com
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