Chapter 13 Agreed Order Conditioning Automatic Stay (Vehicle Insurance) (Houston) {O-402} | Pdf Fpdf Doc Docx | Texas

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Chapter 13 Agreed Order Conditioning Automatic Stay (Vehicle Insurance) (Houston) {O-402} | Pdf Fpdf Doc Docx | Texas

Last updated: 10/16/2015

Chapter 13 Agreed Order Conditioning Automatic Stay (Vehicle Insurance) (Houston) {O-402}

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Description

Form O-402 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: § § Case No. (Chapter 13) CHAPTER 13 AGREED ORDER CONDITIONING AUTOMATIC STAY (VEHICLE INSURANCE) (This order resolves docket #_____) 1. This Order concerns the note that is secured by the Debtor(s)' vehicle and that is held, directly or in its capacity as agent for holder, by ________________ "Movant". The vehicle is [vehicle description] (the "Property"). Notices sent pursuant to this Order must be sent to _______________________________ (if to Movant) and to _______________________ (if to Debtor). 2. By signing below, the Debtor(s) represent to the Court that the Debtor(s): A. If they are a salaried or wage employee, are currently operating under a wage order or have submitted all information to the chapter 13 trustee for the presentation of a wage order to the Court. B. If they are not a salaried or wage employee, are currently operating under an automated clearinghouse order or have submitted all information to the chapter 13 trustee for the presentation of an automated clearinghouse order to the Court. 3. The Debtor(s) must: A. Timely make all regular payments concerning the Property, beginning with the next regular payment due on _________________________. Regular payments must be made directly to the Movant (addressed to: ____________________) or through the Chapter 13 Trustee, depending on the plan confirmed or proposed in this case. B. Within 14 days of entry of this Order, provide Movant with a certificate of insurance on the vehicle and thereafter maintain insurance on the property and provide continuous proof of insurance to the holder of the note. C. Make all payments due to the chapter 13 trustee after the date of this Order, with the amount of such payments being made in the amount required under the proposed modification. 4. If the Debtor(s) fail to comply with paragraph 3 of this Order or make a payment by insufficient check, the Movant must give the Debtor(s) and Debtor(s)' counsel written notice by regular and by certified mail. If the Debtor(s) fail to comply within 14 days of the date that notice was sent, it is a Final Default under this Order. Movant is only required to send two notices of default under this order. If there is a third failure to comply with paragraph 3, it is a Final Default and no further notice of an opportunity to cure must be given. American LegalNet, Inc. www.FormsWorkFlow.com Form O-402 5. The automatic stay remains in effect until (i) there is a Final Default under this order; (ii) this case is dismissed; or (iii) the Debtor(s) receive their bankruptcy discharge. If the stay terminates because there is a Final Default, the Movant must file a notice of termination of the automatic stay. The Debtor may challenge any notice of termination by filing a motion to set aside the notice of termination. The motion must be filed within 14 days of the filing of the notice of termination. Pending consideration of the motion by the Court, the Movant may repossess the Property but may not consummate a sale of the Property; provided, any repossession undertaken as a consequence of an erroneous Notice of Termination may subject Movant to damages. Any co-debtor stay terminates at the time that the automatic stay terminates. SO ORDERED: ReservedForJudgeSignature AGREED AND ENTRY REQUESTED: ______________________________________________ Debtor ______________________________________________ Debtor(s)' counsel signature _____________________________________________ Joint Debtor _____________________________________________ Movant's counsel signature Name: _______________________________ State Bar No.: _________________________ S.D. Tex. Bar No.: _____________________ Address: _____________________________ _____________________________________ Telephone: ____________________________ Fax: _________________________________ E-mail: _______________________________ Name: ______________________________ State Bar No.:________________________ S.D. Tex. Bar No.:____________________ Address: ____________________________ ____________________________________ Telephone: __________________________ Fax: _______________________________ E-mail: _____________________________ [Document must be signed by Debtor(s) or by Debtor(s)' counsel or both. Electronic signatures may be submitted. Movant must retain copies of the original signatures.] American LegalNet, Inc. www.FormsWorkFlow.com

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