CACB — [No hearing – LBR 9013-1(o)]

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/LMM%209a.MOTION.TERMINATE.LMM_.pdf

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

Individual appearing without attorney
Attorney for:

UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA - SELECT DIVISION DIVISION

In re: CASE NO.: CHAPTER: 13

MOTION AND NOTICE OF MOTION TO TERMINATE LMM PROGRAM

[No hearing – LBR 9013-1(o)]

Debtor(s).

TO ALL PARTIES ENTITLED TO NOTICE, PLEASE TAKE NOTICE THAT:

1. A party to the LMM Program is filing a Motion to Terminate LMM Program (“Motion to Terminate,” or “Motion”) according to the Loan Modification Management Program (LMM) procedures posted at section 3-10 of The Central Guide.

2. Movant(s) is requesting that the court grant the Motion without a hearing as provided for in LBR 9013-1(o) unless a party in interest timely files and serves a written opposition to the Motion and requests a hearing.

3. The Motion is attached to this notice and the Motion is based upon the legal and factual grounds set forth in the Motion.

4. DEADLINE FOR FILING AND SERVING OPPOSITION PAPERS AND REQUEST FOR A HEARING: Pursuant to LBR 9013-1(o), any party who opposes the Motion may request a hearing on the Motion. The deadline to file and serve a written opposition and request for a hearing is 14 days after the date of service of this notice, plus 3 additional days if you were served by mail, including certified mail or overnight mail.

   a. If you timely file and serve a written opposition and request for a hearing, the Movant will file and serve a notice of hearing at least 14 days in advance of the hearing. [LBR 9013-1(o)(4)]. This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

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b. If you fail to comply with this deadline:

(1) Movant will file a declaration to indicate: (1) the Motion was properly served, (2) the response period elapsed, and (3) no party filed and served a written opposition and request for a hearing within 14 or 17 days after the date of service of the notice. [LBR 9013-1(o)(3)]

(2) Movant will lodge an order that the court may use to grant the Motion; and

(3) The court may treat your failure as a waiver of your right to oppose the Motion and may grant the Motion without further hearing and notice. [LBR 9013-1(h)]

Respectfully submitted,

SIGN

Date: . Signature of Movant or attorney for Movant

.

Printed name of Movant or attorney for Movant

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

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MOTION TO TERMINATE LMM PROGRAM

1. An Order Granting Motion to Commence Loan Modification Management Program was entered on (date) as docket # .

2. Pursuant to the LMM Procedures, the parties have not reached a final resolution and Movant requests that the LMM Program be terminated.

3. Details of the reason Movant seeks a termination are:

4. DECLARATION: Movant declares under penalty of perjury under the laws of the State of California that the facts asserted in this Motion are true and correct.

5. WHEREFORE, Movant requests that the court grant the Motion.

Date: Printed name of Movant

SIGN

Signature of Movant

Printed name of Attorney for Movant

SIGN

Signature of Attorney for Movant

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

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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: MOTION AND NOTICE OF MOTION TO TERMINATE LMM PROGRAM 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.

SIGN

Date Printed Name Signature

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

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