Order Granting In Rem Relief From The Automatic Stay And Dismissing Case | Pdf Fpdf Doc Docx | New York

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Order Granting In Rem Relief From The Automatic Stay And Dismissing Case | Pdf Fpdf Doc Docx | New York

Order Granting In Rem Relief From The Automatic Stay And Dismissing Case

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

Alternate TextLast updated: 12/28/2009

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------x In re Jane Doe, Debtor. -------------------------------------------------------x Chapter __ Case No.: __-________(rdd) ORDER GRANTING IN REM RELIEF FROM THE AUTOMATIC STAY AND DISMISSING CHAPTER CASE Upon the motion (the "Motion") of _____________ (with any subsequent successor or assign, the "Movant"), (a) pursuant to 11 U.S.C. § 362(d)(1), from the automatic stay imposed in this case under 11 U.S.C. § 362(a) as to Movant's interest in real property commonly known as ________________ (the "Property"), and (b) pursuant to 11 U.S.C. § 362(d)(4)(B), for in rem relief from the automatic stay imposed in subsequent cases under 11 U.S.C. § 362(a), such that any and all future filings under the Bankruptcy Code during the next two years by the debtor herein, _____________ (the "Debtor"), [non-debtor _______________________, non-debtor __________________________, non-debtor _____________________________, or any other person or entity with an interest in the Property] shall not operate as a stay as to Movant's enforcement of its rights in and to the Property; and, after due and sufficient service and notice, the Court having held a hearing on the Motion on ___________, 20__; and no opposition having been submitted; and, after due deliberation, the Court having determined that the filing of the Debtor's bankruptcy petition was part of a scheme to delay, hinder, and defraud creditors that has involved multiple bankruptcy filings by the Debtor [and LIST ANY OTHERS, SUCH AS DEBTOR'S FAMILY MEMBERS] affecting the Property; and good and sufficient cause appearing, including the failure of the Debtor [and LIST ANY OTHERS] to perform their duties as debtors under the Bankruptcy Code in good faith in multiple bankruptcy cases affecting the Property, it is ORDERED that the automatic stay under 11 U.S.C. § 362(a) is vacated under 11 U.S.C. § 362(d)(1) as to Movant's interest in the Property, to permit Movant to pursue its rights in and remedies in and to the Property; and it is further ORDERED that, under 11 U.S.C. § 362(d)(4), and provided that this order is recorded in conformity therewith, this order terminating the automatic stay under 11 U.S.C. § 362(a) as to Movant's interest in the Property shall be binding in any other case filed under the Bankruptcy Code purporting to affect the Property that is filed not later than two years after the date of this 1 American LegalNet, Inc. www.FormsWorkFlow.com order, such that the automatic stay under 11 U.S.C. § 362(a) shall not apply to Movant's interest in the Property. Dated: White Plains, New York ____________, 20___ Hon. Robert D. Drain U.S. Bankruptcy Judge 2 2 American LegalNet, Inc. www.FormsWorkFlow.com

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