Motion For Relief From Automatic Stay And Abandonment Of Property (Chapter 7 Or 13) {B-4001-1} | Pdf Fpdf Doc Docx | Indiana

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Motion For Relief From Automatic Stay And Abandonment Of Property (Chapter 7 Or 13) {B-4001-1} | Pdf Fpdf Doc Docx | Indiana

Motion For Relief From Automatic Stay And Abandonment Of Property (Chapter 7 Or 13) {B-4001-1}

This is a Indiana form that can be used for Southern District within Federal, Bankruptcy Court.

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B-4001-1 Stay Abandonment (rev 120116) UNITED STATES BANKRUPTCY COURT Southern District of Indiana In re: [Name of Debtor(s)], Debtor(s). ) ) ) ) Case No. (xx-xxxxx) MOTION FOR [(RELIEF FROM AUTOMATIC STAY) AND/OR (ABANDONMENT OF PROPERTY)] AND NOTICE OF OBJECTION DEADLINE (Intended for use by secured creditor.) (If waiving 30-day hearing requirement, caption must also contain: AWITH 30-DAY WAIVER.@) The creditor, (name of creditor), hereby moves the Court, pursuant to 11 U.S.C. '362(d) and '554, to [(lift the automatic stay on) and/or (abandon from the estate)] the following (real/personal) property: (describe real property by commonly known address or describe personal property - referred to as the@Property.@) In support of the motion, the creditor states the following: 1. The debtor(s) filed a Chapter (7,13) case on (date) - referred to as the APetition Date.@ As of the Petition Date, the creditor was the holder of a claim secured by the Property, more particularly described in the (select one): Option A: (Mortgage, UCC financing statement, certificate of title) - a copy of which is attached as AExhibit A@; Proof of Claim (#), (option available if documents are attached to POC). 2. Option B: 3. 4. The above described (mortgage/security interest) was given to secure a promissory note - referred to as the ANote@ - dated (date) and made payable to the creditor in the original sum of (original sum of the Note). The creditor perfected an interest in the Property, more particularly described in a (select one): 1 American LegalNet, Inc. www.FormsWorkFlow.com B-4001-1 Stay Abandonment (rev 120116) Option A: (Mortgage, UCC financing statement, certificate of title) with the (name of filing office) on (date). Evidence of perfection is attached as AExhibit B@; Proof of Claim (#), (option available if documents showing perfection are attached to POC). Option B: 5. As of the date of the filing of this motion, the outstanding principal of the Note was (principal amount) and the outstanding interest was (interest amount). (Use if case is under Chapter 13 and a post-petition default is alleged.) The debtor(s) (is/are) in default post-petition. A payment history is attached as AExhibit C.@ The Property is (burdensome to the estate or is of inconsequential value and benefit to the estate). Cause exists to lift the automatic stay since the interest of the creditor is not being adequately protected (list other reasons if applicable). (If 30-day hearing requirement is waived) The creditor hereby waives the right under 11 U.S.C. '362(e) to a hearing on this motion within thirty (30) days of the date it is filed. 6. 7. 8. NOTICE: Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one in this bankruptcy case. If you do not have an attorney, you may wish to consult one. If you do not want the court to enter an order affecting the property, or if you want the court to consider your views on the motion, then on or before [date] (14 days from the date of service), you or your attorney must file with the court a written objection explaining your position. Those not permitted to file electronically must deliver any objection by U.S. mail, courier, overnight/express mail, or in person at: (select the appropriate address) Indianapolis 116 U.S. Courthouse 46 East Ohio Street Indianapolis, IN 46204 Evansville and Terre Haute 352 Federal Bldg. 101 N.W. M.L. King Jr. Blvd. Evansville, IN 47708 New Albany 110 U.S. Courthouse 121 West Spring Street New Albany, IN 47150 2 American LegalNet, Inc. www.FormsWorkFlow.com B-4001-1 Stay Abandonment (rev 120116) If you mail your objection to the court, you must mail it early enough so the court will receive it on or before the date stated above. You must also send a copy of your objection to: (movant's attorney's name and address) (names and addresses of others to be served) If you or your attorney do not take these steps, the court may decide that you do not oppose an order affecting the property. WHEREFORE, the creditor moves the Court to enter an order [(lifting the automatic stay) and/or (abandoning the Property)], and granting such other relief as appropriate. /s/ Counsel for Creditor Counsel for Creditor (required signature block) CERTIFICATE OF SERVICE (Certificates of Service forms are available on the Court's website under Rules & Forms > Local Forms > Motions & Related Notices/Certificates of Service/Orders) 3 American LegalNet, Inc. www.FormsWorkFlow.com

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