CACB — Notice of Motion and Motion in Individual Case for Order Confirming Termination of Stay under 11 U.s.c. (F4001-1.TERMSTAYMOTION)

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/F4001-1.TERMSTAYMOTION.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: SELECT CHAPTER

NOTICE OF MOTION AND MOTION IN INDIVIDUAL CASE FOR ORDER CONFIRMING TERMINATION OF STAY UNDER 11 U.S.C. § 362(c)(3) OR THAT NO STAY IS IN EFFECT

UNDER 11 U.S.C. § 362(c)(4)(A)(ii) (with supporting declarations)

DATE: TIME: Debtor(s). COURTROOM:

MOVANT: _______________________________________________________________________________________

1. NOTICE IS HEREBY GIVEN to the Debtor and trustee (if any), and affected creditors (Responding Parties), their attorneys (if any), and other interested parties that on the above date and time and in the indicated courtroom, movant in the above-captioned matter will move this court for an order confirming termination of the stay or that no stay is in effect on the grounds set forth in the attached motion.

2. Hearing Location:

   255 East Temple Street, Los Angeles, CA 90012 411 West Fourth Street, Santa Ana, CA 92701 21041 Burbank Boulevard, Woodland Hills, CA 91367 1415 State Street, Santa Barbara, CA 93101 3420 Twelfth Street, Riverside, CA 92501

3. a. This motion is being heard on REGULAR NOTICE pursuant to LBR 9013-1. If you wish to oppose this motion, you must file a written response to this motion with the court and serve a copy of it upon the movant's This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

December 2012 Page 1 F 4001-1.TERM.STAY.MOTION

attorney (or upon movant, if the motion was filed by an unrepresented individual) at the address set forth above no less than 14 days before the above hearing and appear at the hearing of this motion.

b. This motion is being heard on SHORTENED NOTICE. If you wish to oppose this motion, you must appear at
the hearing:

(1) Opposition to the motion may be made orally at the hearing.

(2) Any written response or evidence must be filed and served:

at the hearing at least days before the hearing.

(A) An Application for Order Setting Hearing on Shortened Notice was not required (according to the
calendaring procedures of the assigned judge).

(B) An Application for Order Setting Hearing on Shortened Notice was filed pursuant to LBR 9075-
1(b) and was granted by the court, and such application and order have been or are being served
upon the Debtor, trustee, and parties in interest.

(C) An Application for Order Setting Hearing on Shortening Notice has been filed and remains
pending. Once the court has ruled on that application, you will be served with another notice or
an order that will specify the date, time and place of the hearing on the attached motion and the
deadline for filing and serving a written opposition to the motion.

4. You may contact the clerk’s office or use the court’s website (www.cacb.uscourts.gov) to obtain a copy of an
approved court form for use in preparing your response (optional court form F 4001-1.RESPONSE), or you may
prepare your response using the format required by LBR 9004-1 and the Court Manual.

If you fail to file a written response to the motion or fail to appear at the hearing, the court may treat such failure as a
waiver of your right to oppose the motion and may grant the requested relief.

Date:

Printed name of law firm (if applicable)

Signature of individual movant or attorney for movant

Printed name of individual 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.

December 2012 Page 2 F 4001-1.TERM.STAY.MOTION

MOTION IN INDIVIDUAL CASE FOR ORDER CONFIRMING TERMINATION OF STAY OR THAT NO STAY IS IN EFFECT

1. Case History: a. A voluntary An involuntary petition concerning an individual(s) under chapter 7 11 12 13 was filed on (specify date):

   b. One or more single or joint bankruptcy cases filed by or against this debtor were pending within the year preceding the petition date in this case. These cases and the reasons for dismissal are:

   1) Case name: Location where filed:
   Case number: Chapter:
   Date filed: Date dismissed:
   Reason for dismissal:

   2) Case name: Location where filed:
   Case number: Chapter:
   Date filed: Date dismissed:
   Reason for dismissal:

   See attached continuation page

2. Grounds for Order: a. Under 11 U.S.C. § 362(c)(3): 1) A single or joint case filed by or against the debtor was pending but dismissed within the year preceding the petition date in this case; 2) The dismissed case was not a case refiled under a chapter other than chapter 7 following dismissal under 11 U.S.C. § 707(b); and 3) Thirty days have elapsed since the filing of the petition in the above-entitled case and no order has been entered continuing the stay. b. Under 11 U.S.C. § 362(c)(4)(A)(ii): 1) Two or more single or joint cases filed by or against the debtor were pending but dismissed within the year preceding the petition date in this case; and 2) None of the dismissed cases was refiled under a chapter other than chapter 7 after dismissal under 11 U.S.C. §707(b).

3. Evidence in Support of Motion: (Important Note: Declaration(s) in support of the Motion MUST be attached hereto.)

a. Movant requests that the court take judicial notice of the proceedings in the present case and the proceedings in each of the prior cases. b. Other evidence (specify): __________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________

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

December 2012 Page 3 F 4001-1.TERM.STAY.MOTION

4. An optional Memorandum of Points and Authorities is attached to this motion.

WHEREFORE, Movant prays that this court issue an order (specify forms of relief requested):

1. Confirming under 11 U.S.C. § 362(c)(3) that the automatic stay has been terminated with respect to the debtor.

2. Confirming under 11 U.S.C. § 362(c)(4)(A)(ii) that no stay was ever in effect in this case.

3. For other relief requested, see attached continuation page.

Date: Respectfully submitted,

---

Printed name of Movant

---

Printed name of law firm of attorney for Movant (if applicable)

---

Signature

---

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.

December 2012 Page 4 F 4001-1.TERM.STAY.MOTION

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 CASE FOR ORDER CONFIRMING TERMINATION OF STAY UNDER 11 U.S.C. § 362(c)(3) OR THAT NO STAY IS IN EFFECT UNDER 11 U.S.C. § 362(c)(4)(A)(ii) (with supporting declarations) 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 mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

December 2012 Page 5 F 4001-1.TERM.STAY.MOTION