Order Modifying Automatic Stay (Sample And Form) | Pdf Fpdf Doc Docx | New York

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Order Modifying Automatic Stay (Sample And Form) | Pdf Fpdf Doc Docx | New York

Order Modifying Automatic Stay (Sample And Form)

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

Alternate TextLast updated: 11/18/2009

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x In re : : : JOHN or JANE DOE, : : Debtor. : : ---------------------------------------------------------------x SAMPLE Chapter __ Case No. __-_____ (RDD) ORDER PURSUANT TO 11 U.S.C. § 362(d) MODIFYING THE AUTOMATIC STAY IMPOSED BY 11 U.S.C. § 362(a) Upon the Motion, dated _________ __, 200_ (the "Motion"), of [INSERT NAME OF MOVANT]1 (with any subsequent successor or assign, the "Creditor"2), for an order, pursuant to section 362(d) of title 11 of the United States Code (the "Bankruptcy Code") vacating the automatic stay imposed in the above-captioned case by section 362(a) of the Bankruptcy Code as to the Creditor's interests in [INSERT DESCRIPTION OF THE PROPERTY SERVING AS COLLATERAL OR LEASEHOLD] (the "Property") to allow the Creditor's enforcement of its rights in, and remedies in and to, the Property [and INSERT ANY OTHER RELIEF, SUCH AS IN REM RELIEF, SOUGHT IN THE MOTION]; and due and proper notice of the Motion having been made on all necessary parties; and the Court having held a hearing on the Motion on ________ __, 20__; [and the above-captioned debtor (the "Debtor") having Bracketed clauses herein indicate items that will vary from order to order, such as proper nouns and clauses that will be appropriate in some, but not all, circumstances. Instructions to attorneys are in CAPS. Alternatively, the defined term for the movant can be, as appropriate, "Landlord," "Mortgagee," or the like. 2 1 American LegalNet, Inc. www.FormsWorkFlow.com opposed the relief requested in the Motion (the "Objection");]3 [and there being no opposition to the Motion;] [and the Court having directed the Creditor on the record of the Hearing to settle an order on five days' notice on the Debtor; and the Creditor having settled[, without objection,] this form of order on the Debtor;[and the Debtor having filed an objection (the "Objection") thereto;]]4 and upon all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing, it is hereby ORDERED that the Motion is granted as provided herein; and it is further ORDERED that the automatic stay imposed in this case by section 362(a) of the Bankruptcy Code is vacated under section 362(d) of the Bankruptcy Code as to the Creditor's interests in the Property to allow the Creditor's enforcement of its rights in, and remedies in and to, the Property; and it is further ORDERED that the Creditor shall promptly report and turn over to the chapter __ trustee any surplus monies realized by any sale of the Property.5 3 The preceding bracketed clause is appropriate if the Debtor has filed written opposition to the Motion or appeared at the Hearing opposing the Motion. The bracketed clause following the footnote will be appropriate when neither the Debtor nor any other party has either filed written opposition to the Motion or appeared in opposition thereto at the Hearing. If a party other than the Debtor objects, the bracketed clause preceding the footnote should be revised accordingly. The immediately preceding larger bracketed clause is for situations in which the Court directed settlement of an order, and has language in the sub-bracketed clauses for situations of (i) opposition and (ii) no opposition, to the settled order. If there was opposition to the Motion, referenced in footnote 3, and opposition to the settled order, there should be different defined terms for the two objections, e.g., "Objection to Motion" and "Objection to Settled Order" with both together defined as the "Objections." 5 4 Additional decretal paragraphs may be added, as appropriate, for other relief sought in the Motion, such as in rem relief. 2 American LegalNet, Inc. www.FormsWorkFlow.com Dated: __________ __, 200_ New York, New York UNITED STATES BANKRUPTCY JUDGE 3 American LegalNet, Inc. www.FormsWorkFlow.com UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x In re : : : , : : Debtor. : : ---------------------------------------------------------------x Chapter __ Case No. __-_____ (RDD) ORDER PURSUANT TO 11 U.S.C. § 362(d) MODIFYING THE AUTOMATIC STAY IMPOSED BY 11 U.S.C. § 362(a) Upon the Motion, dated _________ __, 20__ (the "Motion"), of (with any subsequent successor or assign, the " ") for an order, pursuant to section 362(d) of title 11 of the United States Code (the "Bankruptcy Code") vacating the automatic stay imposed in the above-captioned case by section 362(a) of the Bankruptcy Code as to the Creditor's interests in (the "Property") to allow the Creditor's enforcement of its rights in, and remedies in and to, the Property and due and proper notice of the Motion having been made on all necessary parties; and the Court having held a hearing on the Motion on ________ __, 20__; ; American LegalNet, Inc. www.FormsWorkFlow.com and upon all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing, it is hereby ORDERED that the Motion is granted as provided herein; and it is further ORDERED that the automatic stay imposed in this case by section 362(a) of the Bankruptcy Code is vacated under section 362(d) of the Bankruptcy Code as to the Creditor's interests in the Property to allow the Creditor's enforcement of its rights in, and remedies in and to, the Property; and it is further ORDERED that the Creditor shall promptly report and turn over to the chapter __ trustee any surplus monies realized by any sale of the Property. Dated: __________ __, 20__ New York, New York UNITED STATES BANKRUPTCY JUDGE 2 American LegalNet, Inc. www.FormsWorkFlow.com

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