Order Granting Relief From Stay (Upon Consent Ch 13) (Sample And Form) {FLMB OGRS-CH13UC}

ORDER GRANTING [CREDITOR’S NAME] RELIEF FROM STAY (upon consent Chapter 13 only). This form is used in the United States Bankruptcy Court for the Middle District of Florida to grant a creditor relief from the automatic stay in a Chapter 13 bankruptcy case, specifically when the debtor and trustee have consented to the surrender of certain property as part of the Chapter 13 plan. The automatic stay, which ordinarily halts collection actions against the debtor or the debtor’s property, is lifted to allow the creditor (movant) to proceed with repossession, foreclosure, or other in rem remedies concerning the identified collateral, such as a vehicle or real estate. The order does not allow the creditor to seek personal liability (in personam relief) against the debtor. The form may also address whether the standard 14-day waiting period before enforcement is waived and whether the creditor is awarded legal fees and costs for bringing the motion. The creditor’s attorney is required to serve the signed order on any parties not served through the court’s electronic filing system and to file proof of service within three days. www.FormsWorkflow.com