Motion For Relief From Stay And Notice Of Opportunity For Hearing With Certificate Of Service | Pdf Fpdf Doc Docx | California

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Motion For Relief From Stay And Notice Of Opportunity For Hearing With Certificate Of Service | Pdf Fpdf Doc Docx | California

Motion For Relief From Stay And Notice Of Opportunity For Hearing With Certificate Of Service

This is a California form that can be used for USBC Northern within Federal.

Alternate TextLast updated: 5/30/2015

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Fax: Attorney for Creditor UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA In re: Chapter 13 Case No. ______________________ R.S. No. _______________________ MOTION FOR RELIEF FROM STAY AND NOTICE OF OPPORTUNITY FOR HEARING WITH CERTIFICATE OF SERVICE Vehicle Description: Secured Creditor/Lessor: Debtor(s) __________________________________________/ TO THE DEBTOR(S): ACT NOW OR YOU WILL LOSE YOUR VEHICLE NOTICE IS HEREBY GIVEN that the creditor moves this Court to modify the automatic stay to allow the creditor to repossess and dispose of the vehicle securing creditor's debt in any manner permitted under state law. This motion is made on the grounds that the vehicle is not adequately protected because the debtor(s) does not have collision and comprehensive insurance. You are notified that you are given seven (7) days from the date of mailing of this Notice to request a hearing on this Motion, using the attached form. Such a request must include a detailed statement by the debtor(s) or the debtor(s)' attorney stating the reasons for your request for a hearing. The Court must find that your reasons constitute sufficient cause for you to be granted a hearing. The debtor(s)' request for hearing shall be filed with the Clerk of the U.S. Bankruptcy Court at the address listed below, and shall be served upon the creditor's attorney and the Chapter 13 Trustee listed below. You must inform the creditor's attorney of your request for hearing by telephone or facsimile immediately upon filing such a request. If there is no timely request for a hearing, the Court may enter an order by default granting the creditor permission to repossess and dispose of the vehicle. If a hearing is granted, you will be notified by creditor's counsel within three days of the date of entry of the order. Dated:_____________________ __________________________________________________ Attorney for Creditor * Chapter 13 Trustee * Devin Derham-Burk * P.O. Box 50013 * San Jose, CA 95113 * Clerk * United States Bankruptcy Court * 280 S. First St., Room 3035 * San Jose CA 95113 CERTIFICATE OF SERVICE I am not less than 18 years of age and not a party to the within case. My business address is: _________________________________________________________. I served this MOTION FOR RELIEF FROM STAY AND NOTICE OF OPPORTUNITY FOR HEARING and by first-class United States mail, postage pre-paid, at ________________________________, California on the date noted below and addressed to the debtor(s) and the debtor(s) attorney as listed below. I declare under penalty of perjury that the foregoing is true and correct. Dated:_____________________ * * * * rev.1/2010 * * * * ___________________________________________________ * * * * American LegalNet, Inc. www.FormsWorkFlow.com

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