CASB — 325 West F Street, San Diego, California 92101-6991 (CSD1161)

Source: https://www.casb.uscourts.gov/sites/casb/files/documents/forms/CSD1161_0.pdf

CSD 1161 [07/01/18] 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

Hearing Date:
Hearing Time:
Respondent(s)

OPPOSITION TO MOTION FOR RELIEF FROM AUTOMATIC STAY
REAL PROPERTY PERSONAL PROPERTY

Respondent in the above-captioned matter moves this Court for an Order denying 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. 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 .

3. *Number of unsecured creditors . Amount of unsecured debt $ .

4. *Last operating report filed:

5. *Disclosure statement: Filed? (yes/no) . Approved? (yes/no) .
   If yes, date of plan confirmation hearing:

*Only required if respondent is the debtor in a Chapter 11 case.

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Respondent alleges the following in opposition to the Motion:

1. The following real property is the subject of this Motion:
   a. Street address of the property including county and state:

   b. Type of real property (e.g., single family residence, apartment building, commercial, industrial, condominium,
   unimproved):

   c. Legal description of property is attached as Exhibit A.

   d. **Fair market value of property: $ .

   e. **Nature of Respondent's interest in the property:

2. The following personal property is the subject of this Motion (describe property):

   a. **Fair market value of property: $ .

   b. **Nature of Respondent's interest in the property:

3. Status of Movant's loan:
   a. Balance owing on date of Order for Relief: $
   b. Amount of monthly payment: $
   c. Date of last payment:
   d. If real property,
   (1) Date of default:
   (2) Notice of Default recorded on:
   (3) Notice of Sale published on:
   (4) Foreclosure sale currently scheduled for:
   e. If personal property,
   (1) Pre-petition default: $ No. of months:
   (2) Post-petition default: $ No. of months:

4. (If Chapter 13 Case, state the following:)
   a. Date of post-petition default:
   b. Amount of post-petition default: $

5. Encumbrances:
   a. Voluntary encumbrances on the property:

   Pre-Petition Arrearages Post-Petition Arrearages
   Lender Name Principal Balance
   Total Amount - # of Months Total Amount - # of Months

   1st:

2nd:

3rd:

4th: Totals for all Liens: $ 0.00 $ 0.00 $ 0.00

**Separately filed Declaration required by LBR 4001-4.

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b. Involuntary encumbrances of record (e.g., tax, mechanic's, judgment and other liens, lis pendens):
See attached page, if necessary.

6. Relief from the automatic stay should not be granted because:
   a. Movant's interest in the property described above is adequately protected.

   b. Debtor has equity in the property described above and such property is necessary to an effective reorganization.

   c. The property is not "single asset real estate", as defined in 11 U.S.C. § 101(51B).

   d. The property is "single asset real estate", as defined in 11 U.S.C. § 101(51B), and less than 90 days
   (or days ordered by this court) have passed since entry of the order for relief in this case, or

   (1) the Debtor/Trustee has filed a plan of reorganization that has a reasonable possibility of being confirmed
   within a reasonable time; or

   (2) the Debtor/Trustee has commenced monthly payments to each creditor whose claim is secured by the
   property (other than a claim secured by a judgment lien or by an unmatured statutory lien) which payments
   are equal to interest at a current fair market rate on the value of each creditors' interest in the property.

   e. Other (specifiy): See attached page.

   When required, Respondent has filed a separate Declaration pursuant to LBR 4001-4.

   Respondent attaches the following:

7. Other relevant evidence:

8. (Optional) Memorandum of points and authorities upon which the responding party will rely.

   Wherefore, Respondent prays that this Court issue an Order denying relief from the automatic stay.

Dated:

[Attorney for] Respondent

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