Free Attorney or Party Name, Address and Telephone NumberAttorney for - California

Attorney or Party Name, Address, Telephone & FAX Numbers, and California State Bar Number

FOR COURT USE ONLY

G Individual appearing without counsel G Attorney for:
UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA
In re:
CHAPTER: CASE NO.: DATE: TIME: CTRM: FLOOR:

Debtor(s).

NOTICE OF MOTION AND MOTION IN INDIVIDUAL CASE FOR ORDER CONFIRMING TERMINATION OF STAY UNDER 11 U.S.C. § 362(j) OR THAT NO STAY IS IN EFFECT UNDER 11 U.S.C. § 362(c)(4)(A)(ii) (with supporting declarations) (MOVANT: )
1. NOTICE IS HEREBY GIVEN to _______________________________________ the Debtor(s) 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:

G G G

255 East Temple Street, Los Angeles 21041 Burbank Boulevard, Woodland Hills 3420 Twelfth Street, Riverside

G G

411 West Fourth Street, Santa Ana 1415 State Street, Santa Barbara

3. a.

G G
(1) (2) (3)

This Motion is being heard on REGULAR NOTICE pursuant to Local Bankruptcy Rule 9013-1. If you wish to oppose this Motion, you must file a written response to this Motion with the Bankruptcy Court and serve a copy of it upon the Movant's 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. This Motion is being heard on SHORTENED TIME. If you wish to oppose this Motion, you must appear at the hearing. Any written response or evidence must be filed and served:

b.

G at the hearing G at least court days before the hearing. G A Motion for Order Shortening Time was not required (according to the calendaring procedures of the assigned judge). G A Motion for Order Shortening Time was filed per Local Bankruptcy Rule 9075-1(b) and was granted by the Court and
such motion and order have been or are being served upon the Debtor(s), Trustee, and parties in interest.

G

A Motion for Order Shortening Time has been filed and remains pending. Once the Court has ruled on that Motion, 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 Bankruptcy Clerk's Office to obtain a copy of an approved court form for use in preparing your response (Optional Court Form F 4001-1M.RES), or you may prepare your response using the format required by Local Bankruptcy Rule 9004-1 and the Court Manual.

This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. January 2009

F 4001-1M.TS

Motion for Order Confirming Termination of Stay or that No Stay is in Effect - Page 2 of
In re (SHORT TITLE) Debtor(s). CHAPTER: CASE NO.:

F 4001-1M.TS

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.

Dated:

Print Law Firm Name (if applicable)

Print Name of Individual Movant or Attorney for Movant

Signature of Individual Movant or Attorney for Movant

This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. January 2009

F 4001-1M.TS

Motion for Order Confirming Termination of Stay or that No Stay is in Effect - Page 3 of
In re (SHORT TITLE) Debtor(s). CHAPTER: CASE NO.:

F 4001-1M.TS

MOTION FOR ORDER CONFIRMING TERMINATION OF STAY OR THAT NO STAY IS IN EFFECT (MOVANT: )
1. Case History: a. b. c. d.

G G G G

A voluntary G An involuntary petition concerning an individual(s) under Chapter was filed concerning the present case on (specify date): An Order of Conversion to Chapter was entered on (specify date): Plan was confirmed on (specify date):

G

7

G

11

G

12

G

13

G

7

G

11

G

12

G

13

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: Case Number: Date Filed: Reason for Dismissal: Relief from stay re this Movant 2. Case Name: Case Number: Date Filed: Reason for Dismissal: Relief from stay re this Movant

Chapter: Date Dismissed:

G

was

G

was not granted.

Chapter: Date Dismissed:

G

was

G

was not granted.

9 See attached continuation page
2. Grounds for Order: a.

G
1. 2. 3. 4.

Under 11 U.S.C. § 362(j):

G

A single or joint case filed by or against the debtor was pending but dismissed within the year ending on the petition date in this case; The dismissed case was not a case refiled under a chapter other than Chapter 7 following dismissal under 11 U.S.C. § 707(b); 30 days have elapsed since the filing of the Petition in the above-entitled case and no order has been entered continuing the stay; An order under 11 U.S.C. § 362(j) confirming that the stay has been terminated is necessary and appropriate because:

9 9 9

(attach continuation pages as necessary). b.

G
1. 2. 3.

Under 11 U.S.C. § 362(c)(4)(A)(ii):

G

Two or more single or joint cases filed by or against the debtor were pending but dismissed within the year ending on the petition date in this case; Neither of the dismissed cases were cases refiled under a chapter other than Chapter 7 after dismissal under 11 U.S.C. § 707(b); An order under 11 U.S.C. § 362(c)(4)(A)(ii) confirming that no stay is in effect is necessary and appropriate because:

9 9

(attach continuation pages as necessary).
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. January 2009

F 4001-1M.TS

Motion for Order Confirming Termination of Stay or that No Stay is in Effect - Page 4 of
In re (SHORT TITLE) Debtor(s). CHAPTER: CASE NO.:

F 4001-1M.TS

3.

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

G G G G

Movant submits the attached Declaration(s) on the Court's approved forms (if applicable) to provide evidence in support of this Motion pursuant to Local Bankruptcy Rules. Other Declaration(s) are also attached in support of this Motion. Movant requests that the Court consider as admissions the statements made by Debtor(s) under penalty of perjury concerning Movant's claims and the Property set forth in Debtor`s(s') Schedules. Authenticated copies of the relevant portions of the Schedules are attached as Exhibit . Other evidence (specify):

d. 4.

G

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. 2. 3.

G G G

Confirming under 11 U.S.C. § 362(j) that the automatic stay has been terminated. Confirming under 11 U.S.C. § 362(c)(4)(A)(ii) that no stay is in effect. For other relief requested, see attached continuation page.

Dated:

Respectfully submitted,

_________________________________________________________ Movant Name

_________________________________________________________ Firm Name of Attorney for Movant (if applicable)

By: _____________________________________________________ Signature

Name:

__________________________________________________ Typed Name of Individual Movant or Attorney for Movant

DECLARATION OF MOVANT
I,_____________________________________,the Movant herein, or officer of the Movant, declare that I have read the foregoing and pages attached, consisting of a total of ____ pages, and declare that the statements made therein are true of my own knowledge, or are based upon business records of the Movant kept in the ordinary course of Movant's business by persons whose duty it is to accurately record same at or near the time of the events recorded, and that I am one of the custodians of such records. That as to the dates, case numbers and reasons for dismissal of earlier cases, the statements are based upon the official records of the courts in the cases described hereinabove. Executed this _____day of _________________________, 200___ at _______________________.

_________________________________________________________ (Signature of Movant)

This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. January 2009

F 4001-1M.TS

Motion for Order Confirming Termination of Stay or that No Stay is in Effect - Page 5 of
In re (SHORT TITLE) Debtor(s). CHAPTER: CASE NO.:

F 4001-1M.TS

NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I. Proposed orders do not generate an NEF because only orders that have been entered are placed on a CM/ECF docket.

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 described as 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 indicated below:

I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING ("NEF") - Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) ("LBR"), the foregoing document will be served by the court via NEF and hyperlink to the document. On ________________________ I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email addressed indicated below:

9 Service information continued on attached page
II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL (indicate method for each person or entity served): On _________________________ I served the following person(s) and/or entity(ies) at the last known address(es) 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/or with an overnight mail service addressed as follow. 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.

9

Service information continued on attached page

III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on _______________________ I served the following person(s) and/or entity(ies) by personal delivery, 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 mailing to the judge will be completed no later than 24 hours after the document is filed.

9

Service information continued on attached page

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

_________________________________________________________ _____________________________________ Date Type Name Signature
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. January 2009

F 4001-1M.TS

Motion for Order Confirming Termination of Stay or that No Stay is in Effect - Page 6 of
In re (SHORT TITLE) Debtor(s). CHAPTER: CASE NO.:

F 4001-1M.TS

ADDITIONAL SERVICE INFORMATION (if needed):

This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California. January 2009

F 4001-1M.TS