Order Resolving Motion To Vacate Stay And-Or Motion To Dismiss With Conditions

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-1(b) In Re: Case No.: Judge: Hearing Date(s): Chapter: _______________________ _______________________ ______________________ ______________________ Recommended Local Form Followed Modified ORDER RESOLVING MOTION TO VACATE STAY AND/OR MOTION TO DISMISS WITH CONDITIONS The relief set forth on the following pages, numbered two (2) through four (4) is ORDERED. American LegalNet, Inc. www.FormsWorkFlow.com Applicant: Applicant's Counsel: Debtor's Counsel: Property Involved ("Collateral"): Relief sought: ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ Motion for relief from the automatic stay Motion to dismiss Motion for prospective relief to prevent imposition of automatic stay against the collateral by debtor's future bankruptcy filings For good cause shown, it is ORDERED that Applicant's Motion(s) is (are) resolved, subject to the following conditions: 1. Status of post-petition arrearages: The Debtor is overdue for _____ months, from _______________ to _______________. The Debtor is overdue for ______ payments at $__________ per month. The Debtor is assessed for ______ late charges at $___________per month. Applicant acknowledges receipt of funds in the amount of $ __________ received after the motion was filed. Total Arrearages Due $________________. 2. Debtor must cure all post-petition arrearages, as follows: Immediate payment shall be made in the amount of $_____________. Payment shall be made no later than __________________. Beginning on _________________, regular monthly mortgage payments shall continue to be made in the amount of $__________. Beginning on ____________________, additional monthly cure payments shall be made in the amount of $_________ for _______ months. 2 American LegalNet, Inc. www.FormsWorkFlow.com The amount of $______________ shall be capitalized in the debtor's Chapter 13 plan. The debtor's monthly payment to the Chapter 13 Trustee is modified to be $ ______________ per month. 3. Payments to the Secured Creditor shall be made to the following address(es): Immediate payment: ____________________________________ ____________________________________ ____________________________________ Regular monthly payment: ____________________________________ ____________________________________ ____________________________________ Monthly cure payment: ____________________________________ ____________________________________ ____________________________________ 4. In the event of Default: If the Debtor fails to make the immediate payment specified above or fails to make any regular monthly payment or the additional monthly cure payment within thirty (30) days of the date the payments are due, then the Secured Creditor may obtain an Order Vacating the Automatic Stay as to the Collateral by filing, with the Bankruptcy Court, a Certification specifying the Debtor's failure to comply with this Order. At the time the Certification is filed with the court, a copy of the Certification shall be sent to the Chapter 13 Trustee, the Debtor, and the Debtor's attorney. If the bankruptcy case is dismissed, or if the automatic stay is vacated, the filing of a new bankruptcy case will not act to impose the automatic stay against the Secured Creditor's opportunity to proceed against its Collateral without further Order of the Court. 3 American LegalNet, Inc. www.FormsWorkFlow.com 5. Award of Attorneys' Fees: The Applicant is awarded attorneys fees of $____________, and costs of $____________. The fees and costs are payable: through the Chapter 13 plan. to the Secured Creditor within __________ days. Attorneys' fees are not awarded. rev.8/1/15 4 American LegalNet, Inc. www.FormsWorkFlow.com