CACB — Notice of Motion and Motion in Individual Chapter 11 Case for Order Authorizing Use of Cash Collateral (F2081-2.1MOTIONCASHCOLLATERAL)

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/F2081-2.1MOTIONCASHCOLLATERAL.pdf

Attorney or Party Name, Address, Telephone & FAX FOR COURT USE ONLY Nos., State Bar No. & Email Address

Individual appearing without attorney Attorney for: UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - SELECT DIVISIONDIVISION

In re: CASE NO.: CHAPTER: 11

NOTICE OF MOTION AND MOTION IN INDIVIDUAL CHAPTER 11 CASE FOR ORDER AUTHORIZING USE OF CASH COLLATERAL [11 U.S.C. § 363]

This motion is being made under ONLY ONE of the following notice procedures: Hearing requested on emergency basis: LBR 9075-1(a); or Hearing requested on shortened notice: LBR 9075-1(b); or Hearing set on regular notice: LBR 9013-1(d):

DATE: TIME:

COURTROOM: ADDRESS:

Debtor(s).

1. PLEASE TAKE NOTICE THAT the Debtor moves this court for an order authorizing the use of cash collateral on an interim basis through and including (date) . through the date of confirmation of a chapter 11 plan or dismissal of this case.

2. NOTICE PROVISIONS AND DEADLINES FOR FILING AND SERVING A WRITTEN RESPONSE: Your rights might be affected by this Motion. You may want to consult an attorney. Refer to the box checked below for the deadline to file and serve a written response. If you fail to timely file and serve a written response, the court may treat such failure as consent to the relief sought in the Motion and may grant the requested relief. You must serve a copy of your opposition upon the Debtor, the Debtor’s attorney, the United States trustee, and also serve a copy on the judge assigned to this bankruptcy case pursuant to LBR 5005-2(d) and the Court Manual.

   This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

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a. Hearing Requested on Emergency Basis under LBR 9075-1(a): The Debtor has contacted the court and requested an emergency hearing on less than 48 hours notice. If the court grants the request, you will receive a separate Notice of Hearing that identifies the deadline for you to file and serve a written response. If the court denies the request to set an emergency hearing, the Debtor will provide written notice of a hearing date on regular notice or other disposition of this Motion and the deadline for filing an opposition.

b. Hearing Requested on Shortened Notice under LBR 9075-1(b): The Debtor has filed a separate
application asking the court to set a hearing on shortened notice, entitled Application for Order Setting
Hearing on Shortened Notice (Application). If the court grants the Application, the Debtor will serve you with
another document providing notice. The deadline to file and serve a written response will be contained in this
document. If the court denies the Application, the Debtor will provide written notice of a regular hearing date
or other proposed disposition of this Motion.

c. Hearing Set on Regular Notice: Notice Provided Under LBR 9013-1(d): This Motion is set for hearing on
regular notice pursuant to LBR 9013-1(d). The full Motion and supporting documentation are attached,
including the legal and factual grounds upon which the Motion is made. If you wish to oppose this Motion,
you must file a written response with the court and serve it as stated above no later than 14 days prior to
the hearing. Your response must comply with LBR 9013-1(f). The undersigned hereby verifies that the
hearing date and time selected were available for this type of Motion according to the judge’s self-calendaring
procedures [LBR 9013-1(b)].

d. Other (specify):

Date: By: Signature of Debtor or attorney for Debtor

Name: Printed name of Debtor or attorney for Debtor

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

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MOTION FOR ORDER AUTHORIZING USE OF CASH COLLATERAL

1. Cash collateral is defined in 11 U.S.C. § 363 (Cash Collateral).

2. Pursuant to 11 U.S.C. § 363(c)(2), a debtor cannot use Cash Collateral without court approval or the consent of a creditor with an interest in the Cash Collateral.

3. The Debtor filed this Motion because he/she requires the use of what a creditor or lienholder may claim to be Cash Collateral.

4. The Debtor in this case filed a voluntary petition. The court has jurisdiction to grant the relief requested in this motion pursuant to 28 U.S.C. § 157 and 11 U.S.C. § 363.

5. The Debtor believes that the use of Cash Collateral is necessary for the Debtor to continue the Debtor’s operations and to reorganize.

6. The Debtor believes that adequate protection is is not required by law in this case. To the extent that the Debtor believes that adequate protection is not required by law under the circumstances of this case, a Memorandum of Points and Authorities is attached hereto addressing that issue.

7. Information about each real or personal property owned by the Debtor in which someone may claim a Cash Collateral interest and for which the Debtor seeks court permission to use Cash Collateral, and the Debtor’s proposed budget with respect to each such property, is set forth below:

   a. Collateral and budget #1 (check all that apply):

   (1) The collateral (Collateral)

   Real Property

   Street address: Unit/suite no.: City, state, zip code: Legal description or document recording number (include county of recording):

   Equipment (manufacturer, type, and characteristics): Serial number(s): Location:

   Vehicle (year, manufacturer, type and model): Vehicle identification number: Location of vehicle:

   Rents or accounts receivable (type, identifying information, and location):

   Cash on hand generated from the Collateral (type, identifying information, and location):

   Other personal property (type, identifying information, and location):

   This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

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(2) Value of Collateral: $ .

Declaration of the Debtor as owner of the Collateral.
Declaration of (specify)

(3) Income/rent generated: $ per month

(4) Liens:

1st Lien holder: Principal balance due: $
Monthly payment: $ Monthly payment due date:
Prepetition arrears: $ Postpetition arrears $

2nd Lien holder: Principal balance due: $
Monthly payment: $ Monthly payment due date:
Prepetition arrears: $ Postpetition arrears $

3rd Lien holder: Principal balance due: $
Monthly payment: $ Monthly payment due date:
Prepetition arrears: $ Postpetition arrears $

Additional liens (see additional attached page)

(5) Equity in the Collateral: $

(6) Adequate Protection

The Debtor offers:
(a) the equity in the Collateral above each respective lien.
(b) the maintenance of the property.
(c) payments in the following amounts to the following creditors:

(d) the use or sale of the Cash Collateral which will generate more collateral (Replacement Collateral)
each month, and the Debtor offers a lien in the Replacement Collateral.
(e) other:

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

June 2015 Page 4 F 2081-2.1.MOTION.CASH.COLLATERAL

(7) Proposed Monthly Budget covering period of ________ through _______ or through the date of confirmation of a chapter 11 plan or dismissal of this case (or check the box if a Proposed Budget is attached as an exhibit ).

INCOME:
Rent: $
Sales: $
Other: $

Total Income: $ 0.00

EXPENSES:

1st Lien holder: $
2nd Lien holder: $
3rd Lien holder: $
4th Lien holder: $
$ Property taxes: included in first lien holder payment
$ Property insurance: included in first lien holder payment
Maintenance: $
Cleaning: $
Pest control: $
Landscaping: $
Management: $
Electricity: $
Gas: $
Water: $
Trash disposal: $
Supplies: $
Advertising: $
Other: $
Other: $
Other: $
Other: $

Total Expenses: $ 0.00
Net Income: $ 0.00

b. Collateral and budget #2 (check all that apply):
(1) The collateral (Collateral)
Real Property
Street address:
Unit/suite no.:
City, state, zip code:
Legal description or document recording number (include county of recording):

Equipment (manufacturer, type, and characteristics):
Serial number(s):
Location:

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

June 2015 Page 5 F 2081-2.1.MOTION.CASH.COLLATERAL

Vehicle (year, manufacturer, type and model): Vehicle identification number: Location of vehicle:

Rents or accounts receivable (type, identifying information, and location):

Cash on hand generated from the Collateral (type, identifying information, and location):

Other personal property (type, identifying information, and location):

(2) Value of Collateral: $_________________________. Basis of valuation:

(3) Income/rent generated: $ per month.

(4) Liens:
1st Lien holder: Principal balance due: $
Monthly payment: $ Monthly payment due date:
Prepetition arrears: $ Postpetition arrears $

2nd Lien holder: Principal balance due: $
Monthly payment: $ Monthly payment due date:
Prepetition arrears: $ Postpetition arrears $

3rd Lien holder: Principal balance due: $
Monthly payment: $ Monthly payment due date:
Prepetition arrears: $ Postpetition arrears $

Additional liens (see additional attached page)

(5) Equity in the Collateral: $

(6) Adequate Protection

The Debtor offers:

(a) the equity in the Collateral.
(b) the maintenance of the property as adequate protection.
(c) payments in the following amounts to the following creditors:

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

June 2015 Page 6 F 2081-2.1.MOTION.CASH.COLLATERAL

(d) the use or sale of the Cash Collateral generates more collateral (Replacement Collateral) each month, and the Debtor offers a lien in the Replacement Collateral. (e) other:

(7) Proposed Monthly Budget Covering Period of through or through the
date of confirmation of a chapter 11 plan or dismissal of this case (or check the box if a Proposed Budget is
attached as an exhibit ).

INCOME:
Rent: $
Sales: $
Other: $

Total Income: $ 0.00

EXPENSES:
1st Lien holder: $
2nd Lien holder: $
3rd Lien holder: $
4th Lien holder: $
$ Property taxes: included in first lien holder payment
$ Property insurance: included in first lien holder payment
Maintenance: $
Cleaning: $
Pest control: $
Landscaping: $
Management: $
Electricity: $
Gas: $
Water: $
Trash disposal: $
Supplies: $
Advertising: $
Other: $
Other: $
Other: $
Other: $

Total Expenses: $ 0.00
Net Income: $ 0.00

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

June 2015 Page 7 F 2081-2.1.MOTION.CASH.COLLATERAL

c. Collateral and budget #3 (check all that apply):

(1) Type of Collateral
Real Property
Street address:
Unit/suite no.:
City, state, zip code:
Legal description or document recording number (include county of recording):

Equipment (manufacturer, type, and characteristics):
Serial number(s):
Location:

Vehicle (year, manufacturer, type and model):
Vehicle identification number:
Location of vehicle:

Rents or accounts receivable (type, identifying information, and location):

Cash on hand generated from the Collateral (type, identifying information, and location):

Other personal property (describe type, identifying information, and location):

(2) Value of collateral: $ . Basis of valuation:

(3) Income/rent generated: $ per month.

(4) Liens:
1st Lien holder: Principal balance due: $
Monthly payment: $ Monthly payment due date:
Prepetition arrears: $ Postpetition arrears $

2nd Lien holder: Principal balance due: $
Monthly payment: $ Monthly payment due date:
Prepetition arrears: $ Postpetition arrears $

3rd Lien holder: Principal balance due: $
Monthly payment: $ Monthly payment due date:
Prepetition arrears: $ Postpetition arrears $

Additional liens (see additional attached page)

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

June 2015 Page 8 F 2081-2.1.MOTION.CASH.COLLATERAL

(5) Equity in the Collateral: $

(6) Adequate Protection

The Debtor offers:

(a) the equity in the Collateral.
(b) the maintenance of the property as adequate protection.
(c) payments in the following amounts to the following creditors:
(d) the use or sale of the Cash Collateral generates more collateral (Replacement Collateral)
each month, and the Debtor offers a lien in the Replacement Collateral.
(e) other:

(7) Proposed Monthly Budget Covering Period of through or through
the date of confirmation of a chapter 11 plan or dismissal of this case (or check the box if a Proposed
Budget is attached as an exhibit ).

INCOME:
Rent: $
Sales: $
Other: $

Total Income: $ 0.00
EXPENSES:
1st Lien holder: $
2nd Lien holder: $
3rd Lien holder: $
4th Lien holder: $
$ Property taxes: included in first lien holder payment
$ Property insurance: included in first lien holder payment
Maintenance: $
Cleaning: $
Pest control: $
Landscaping: $
Management: $
Electricity: $
Gas: $
Water: $
Trash Disposal: $
Supplies: $
Advertising: $
Other: $
Other: $
Other: $
Other: $

Total Expenses: $ 0.00
Net Income: $ 0.00

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

June 2015 Page 9 F 2081-2.1.MOTION.CASH.COLLATERAL

8. In addition to the expenses set forth in the proposed budget(s), the Debtor requests :

   a. to use Cash Collateral to pay quarterly fees to the United States trustee and to pay any required fees to the court;

   b. to deviate from the line item expenses in the proposed budget(s) by no more than percent on both a line item and aggregate basis without the need to seek further order of the court;

   c. as some expenses, such as insurance, may not be required to be paid every month, to the extent that the amount allotted to a particular expense in a particular month is not used during that month, the Debtor requests permission to use that unused amount in subsequent months in payment of that particular expense for the duration of the period in which the Debtor is granted the use of Cash Collateral.

9. Other than as indicated herein, use of Cash Collateral is not intended to modify the rights of affected lienholders pursuant to the existing agreement between the lienholder(s) and the Debtor.

The Debtor requests that the court allow the use of the Cash Collateral pursuant to the terms of this Motion, the attached Memorandum of Points and Authorities (if any), and the proposed budget(s).

Date: By: Signature of Debtor or attorney for Debtor

Name: Printed name of Debtor or attorney for Debtor

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

June 2015 Page 10 F 2081-2.1.MOTION.CASH.COLLATERAL

DECLARATION OF DEBTOR IN SUPPORT OF MOTION FOR ORDER AUTHORIZING USE OF CASH COLLATERAL

I, , declare:

1. I am the Debtor in this bankruptcy case.

2. The facts asserted in this declaration are of my own personal knowledge.

3. I am the owner of the Collateral.

4. The use of Cash Collateral is necessary in this case because:

5. The value of the Collateral, the amounts of the claims secured by the respective liens thereon, and the equity in
the Collateral, in Exhibits ____ are true and correct.

6. To the extent that adequate protection is offered and/or required, I offer the forms of adequate protection
indicated in the Motion.

7. The income and expenses listed in the proposed budget(s)) are true and correct.

8. I propose to use Cash Collateral pursuant to the terms of the Motion, any Memorandum of Points and Authorities
attached to the Motion, and the proposed budget(s).

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Date Printed Name Signature

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

June 2015 Page 11 F 2081-2.1.MOTION.CASH.COLLATERAL

PROOF OF SERVICE OF DOCUMENT

I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:

A true and correct copy of the foregoing document entitled: NOTICE OF MOTION AND MOTION IN INDIVIDUAL CHAPTER 11 CASE FOR ORDER AUTHORIZING USE OF CASH COLLATERAL [11 U.S.C. § 363] will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated below:

1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date) , I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the

following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below:

Service information continued on attached page

2. SERVED BY UNITED STATES MAIL: On (date) , I served the following persons and/or entities at the last known addresses in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.

   Service information continued on attached page

3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) , I served the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is filed.

   Service information continued on attached page

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Date Printed Name Signature

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

June 2015 Page 12 F 2081-2.1.MOTION.CASH.COLLATERAL