CACB — Of Motion and Motion for Entry of Order Deeming Claim Satisfied (F3015-1.3MOTIONCLAIMSTSFD)

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/F3015-1.3MOTIONCLAIMSTSFD.pdf

Attorney or Party Name, Address, Telephone & FAX FOR COURT USE ONLY Numbers, State Bar Number & Email Address

Chapter 13 Trustee Attorney for Chapter 13 Trustee

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA - SELECT DIVISION DIVISION

In re: CASE NUMBER: CHAPTER 13

CHAPTER 13 TRUSTEE’S NOTICE OF MOTION AND MOTION FOR ENTRY OF ORDER DEEMING CLAIM SATISFIED

Debtor(s).

Claimant Name: __________________________________________________________________________(Claimant)

TO DEBTOR, ATTORNEYS OF RECORD AND CLAIMANT:

1. On ___________, 20, Claimant filed a proof of claim identified by the Clerk of the Court as Claim Number _____ (Claim). The Claim

   is not and was not the subject of a filed claim objection;

   is the subject of a pending claim objection, see Case Docket Number _____; or

   was the subject of a filed claim objection, pursuant to which the court entered an order allowing the Claim in whole or in part. See Case Docket Number _____.

2. The Chapter 13 Trustee (Trustee) is informed and believes that the Claim, to extent it is deemed allowed or has been adjudicated to be an allowed claim, has been fully satisfied. The Trustee’s information and belief is based on the following:

   “Bankruptcy Code” and “11 U.S.C.” refer to the United States Bankruptcy Code, Title 11 of the United States Code.

   “FRBP” refers to the Federal Rules of Bankruptcy Procedure. “LBR” and “LBRs” refer to the Local Bankruptcy Rule(s) of this court.

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

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Claimant has advised Trustee in writing that Claimant has abandoned the Claim or that the claim is fully satisfied. (Attach documentation). Claimant has refused to accept a disbursement on the Claim from Trustee and/or returned such a disbursement, with or without a written explanation. (Attach documentation).

Other (explain):

3. Based on the foregoing, Trustee believes that it would not be appropriate for the Trustee to continue to reserve funds and make payment distributions on the Claim. Trustee requests entry of an order deeming the Claim satisfied, relieving Trustee of any obligation to continue to reserve for or make distributions on the Claim, and permitting Trustee to disburse funds previously reserved for payment of the Claim to the holders of other allowed claims, in accordance with the Bankruptcy Code and the Chapter 13 Plan confirmed in this case.

4. Pursuant to LBR 9013-1(o), any party who opposes this Motion must file a written opposition and 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 or pursuant to F.R.Civ.P. 5(b)(2)(D) or (F).

   a. If you timely file and serve a written opposition and request for a hearing, the Chapter 13 Trustee must file
   and serve a notice of hearing at least 14 days in advance of the hearing. [LBR 9013-1(o)(4)]

   b. If you fail to comply with this deadline:

   (1) The Chapter 13 Trustee will file a declaration to indicate: (1) the Motion was properly served, (2) the
   response period elapsed, and (3) no party timely filed and served a written opposition and request for a
   hearing [LBR 9013-1(o)(3)];

   (2) The Chapter 13 Trustee will lodge an order that the court may use to grant the Motion;

   (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)].

   I declare under penalty of perjury that the information contained in the foregoing Notice of Motion and Motion is true and correct.

   Date: Respectfully submitted,

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   Signature of Chapter 13 Trustee or Attorney for Chapter 13 Trustee

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   Printed name of Chapter 13 Trustee or Attorney for Chapter 13 Trustee

   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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