Free 36 KB - Oregon


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Date: March 27, 2008
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State: Oregon
Category: Bankruptcy
Author: MARLA
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http://www.orb.uscourts.gov/Rules_Form/file_attachment/720_270508_093419.pdf

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UNITED STATES BANKRUPTCY COURT DISTRICT OF OREGON In re ) ) ) ) ) ) Case No. ________________ NOTICE OF MOTION FOR RELIEF FROM (Check ALL that apply): AUTOMATIC STAY IN A CHAPTER 7/13 CASE CHAPTER 13 CODEBTOR STAY

Debtor(s) I.

YOU ARE NOTIFIED a motion was filed on behalf of ___________________________________________, the moving party, for (Check ALL that apply): Relief from the automatic stay protecting the debtor(s) and debtor's property, as provided by 11 USC §362. Relief from the stay protecting the CODEBTOR, whose name and service address are: ___________________ __________________________________________________________________________________________, and CODEBTOR's property as provided by 11 USC §1301. II. A COPY of the motion is ATTACHED. The name and service address of the moving party's attorney (or moving party, if no attorney) are:_______________________________________________________________________________ _____________________________________________________________________________________________ III. IF you WISH TO RESIST the motion, YOU MUST, WITHIN 14 DAYS OF THE SERVICE DATE SHOWN BELOW, FILE WITH the Clerk of the U.S. Bankruptcy Court BOTH of the following [NOTE: If you mail the Response to the court for filing, you MUST MAIL it at least 3 days before the filing deadline, unless you use an overnight delivery service, so that it will actually be RECEIVED at the court on time]: A. A written response which states the facts upon which relief from the automatic stay is resisted, by filling in the applicable "RESPONSE" portions on a copy of the ORIGINAL Motion [NOTE: If the Response will be electronically filed, the RESPONSE MUST BE PREPARED USING the "FILLABLE" PDF version of the ORIGINAL Motion unless BOTH the Motion was filed on paper AND it could NOT be otherwise electronically obtained from the movant]; AND B. A FULLY COMPLETED NOTICE OF HEARING using Local Form #721, INCLUDING the DATE and TIME of the hearing which must be CALCULATED as follows: 1. Determine whether the case is a PORTLAND office case (i.e., the 5-digit portion of the Case No. begins with a "3" or "4"), OR if it is a EUGENE office case (i.e., the 5-digit portion of the Case No. begins with a "6" or "7"). 2. Hearings for both offices will be "Meet Me" style telephone hearings which must be set on the FIRST available Motion for Relief hearing date AND time for the correct office (see pt. 3 below) which is AT LEAST SIX (6) calendar days after the Response is filed (i.e., RECEIVED) at the court. For example, if your Response will be filed on Wednesday the 9th, and the next available hearing dates are the 15th & 22nd, your hearing will be on the 15th. 3. HEARING DATES and TIMES for the CORRECT OFFICE must only be obtained via either the "Calendars/Scheduling" button on the Internet at www.orb.uscourts.gov OR a recorded phone message (i.e., if a PORTLAND case call (503)326-1530, OR if a EUGENE case call (541)431-4038). IV. FAILURE to Respond OR serve proper Notice of Hearing. If you fail to file EITHER a timely response OR proper Notice of Hearing, then either: A. The automatic stay will expire as to the debtor(s) pursuant to 11 USC §362(e) 30 days after the motion was originally filed, and/or the stay protecting the CODEBTOR will automatically expire by operation of law 20 days after the date the motion was originally filed; OR B. The court may sign an ex parte order, submitted by the moving party on Local Form #720.90, granting relief from the debtor stay and/or codebtor stay. Clerk, U.S. Bankruptcy Court [NOTE: If the 5-digit portion of the Case No. begins with "3" or "4", mail to 1001 SW 5th Ave. #700, Portland OR 97204; OR if it begins with "6" or "7", mail to 405 E 8th Ave #2600, Eugene OR 97401.] I certify that BOTH: (1) The Motion was prepared using the Court's "Fillable" PDF version of Local Form #720.80; AND (2) that on ___________ I served copies of: (a) this Notice, (b) Local Form #721 (if the party is not an ECF participant), AND (c) the Motion on the Debtor(s), any codebtor at the address listed above, Trustee, U.S. Trustee, members of any committee elected pursuant to 11 U.S.C. §705, and their respective attorneys.

Signature of Moving Party or Attorney 720 (12/18/06)

(OSB#)