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


File Size: 124.2 kB
Pages: 4
Date: January 30, 2009
File Format: PDF
State: California
Category: Bankruptcy
Author: silva
Word Count: 1,048 Words, 6,969 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.cacb.uscourts.gov/cacb/CourtProcedures.nsf/New%20Local%20Rules%20Forms/523FFE0BD689C00188257551005C5EBF/$FILE/F4001-12.pdf

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

FOR COURT USE ONLY

G Attorney for: G Individual debtor appearing without counsel (Pro Se Debtor)
UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA
In re:
CHAPTER: CASE NO.:

Debtor(s).

DEBTOR'S FURTHER CERTIFICATION OF CURE OF MONETARY DEFAULT UNDERLYING JUDGMENT FOR POSSESSION OF RESIDENTIAL PROPERTY AND PROOF OF DEPOSIT (11 U.S.C. § 362(l)(2))

NOTE: THIS FURTHER CERTIFICATION MUST BE FILED WITHIN 30 DAYS OF THE FILING OF DEBTOR'S PETITION.
Concerning the residential property commonly known as:________________________________________________________.("Property") (Complete Address) Debtor(s) certifies: (Check all that apply) 1.

G

Debtor(s) has filed and served the "Debtor's Certification that Circumstances Exist Which Would Allow Cure of Monetary Default Underlying Judgment for Possession of Residential Property and Proof of Deposit" ("Original Certification") on___________ (date Original Certification was filed and served) together with Debtor(s)' petition. A copy of the Original Certification is attached as Exhibit .

2.

G

50,000.00 Debtor(s), or an adult dependent of Debtor, on the date of the petition, deposited the sum of $____________ representing total rent which would have become due under the lease of the property for the 30-day period beginning on the date the petition in this bankruptcy was filed.

3. To Debtor's knowledge, Lessor G has G has not filed an Objection to the Original Certification. 4.

G G

Debtor(s) has cured, under nonbankruptcy law, the entire monetary default that gave rise to the judgment under which possession is sought by the lessor. Debtor(s) is entitled to relief from the judgment for possession of the property by reason of the following facts and nonbankrutpcy law: (Check all that apply)

5.

G G G G

California Civil Code § 3275 California Code of Civil Procedure § 1174(c) California Code of Civil Procedure § 1179 Other:

G supporting memorandum of points and authorities attached
(Continued on next page)
This form is optional. It has been approved by the United States Bankruptcy Court for the Central District of California. January 2009

F 4001-1.2

Debtor's Further Certification of Curing Monetary Default - Page 2 of
In re (SHORT TITLE) Debtor(s). 6. CHAPTER: CASE NO.:

F 4001-1.2

Debtor is entitled to relief from the judgment for possession of the property by reason of the following facts:

G continuation page attached.
7. 8. Debtor G has G has not filed and served herewith further supporting declarations. Debtor G has G has not filed and served herewith a supporting memorandum of points and authorities.

Declaration of Debtor
I, _______________________________, am the debtor in these proceedings. I declare under penalty of perjury that I have read the foregoing, including all continuation pages, and that all statements therein are true and correct.

Executed this _________________ day of ____________________, _______________ at _____________________________ . (Month) (Year)

_________________________________________________________ Signature of Debtor __________________________________________________________ Print Name of Debtor

__________________________________________________________ Print the Name of the Law Firm Representing the Debtor (if applicable) __________________________________________________________ Signature of the Attorney Representing the Debtor (if applicable) __________________________________________________________ Print the Name of the Attorney Representing the Debtor (if applicable)

This form is optional. It has been approved by the United States Bankruptcy Court for the Central District of California. January 2009

F 4001-1.2

Debtor's Further Certification of Curing Monetary Default - Page 3 of
In re (SHORT TITLE) Debtor(s). CHAPTER: CASE NO.:

F 4001-1.2

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:

G

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.

G

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.

G

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 optional. It has been approved by the United States Bankruptcy Court for the Central District of California. January 2009

F 4001-1.2

Debtor's Further Certification of Curing Monetary Default - Page 4 of
In re (SHORT TITLE) Debtor(s). CHAPTER: CASE NO.:

F 4001-1.2

ADDITIONAL SERVICE INFORMATION (if needed):

This form is optional. It has been approved by the United States Bankruptcy Court for the Central District of California. January 2009

F 4001-1.2