CASB — A Petition under Chapter Procedural Status (CSD1163)

Source: https://www.casb.uscourts.gov/sites/casb/files/documents/forms/CSD1163.pdf

CSD 1163 [03/01/15] Name, Address, Telephone No. & I.D. No.

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA

325 West "F" Street, San Diego, California 92101-6991

In Re BANKRUPTCY NO. Debtor.

RS NO.

Moving Party

Respondent(s)

MOTION FOR RELIEF FROM AUTOMATIC STAY (UNLAWFUL DETAINER)

Movant in the above-captioned matter moves this Court for an Order granting relief from the automatic stay on the

grounds set forth below.

1. A Petition under Chapter 7 11 12 13 was filed on .

2. Procedural Status:
   a. Name of Trustee Appointed (if any):

   b. Name of Attorney of Record for Trustee (if any):

   c. (Optional) Prior Filing Information:
   Debtor has previously filed a Bankruptcy Petition on: .
   If applicable, the prior case was dismissed on: .

   d. (If Chapter 13 case): Chapter 13 Plan was confirmed on or a confirmation
   hearing is set for .

   Movant alleges the following in support of its Motion:

3. Debtor occupies the premises commonly known as (specify street address):

4. Debtor occupies the premises:
   on a month-to-month tenancy pursuant to a lease in default
   on a hold-over tenancy after a foreclosure sale
   on a tenancy at will pursuant to a terminated lease

5. Debtor has failed to pay the monthly rent of $ since .

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4. Procedural status in State Court (fill in all applicable data for completed steps):

   a. On , Movant served a Notice to Pay Rent or Quit on the Debtor(s).

   b. On , Movant filed a Complaint for Unlawful Detainer in State Court.

   c. Trial was held on .

   d. A Judgment was entered on said Complaint by the State Court on .

When required, Movant has filed separate Declarations pursuant to Local Bankruptcy Rule 4001-2(a).

Movant attaches the following:

1. Copy of the State Court Unlawful Detainer Judgment.

2. Other relevant evidence:

3. (Optional) Memorandum of points and authorities upon which the moving party will rely.

   WHEREFORE, Movant prays that this Court issue an Order granting the following:

   Relief as requested.

   Other:

Dated:

[Attorney for] Movant

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