Fill and Sign the Debtor Real Form

IN THE UNITED STATES BANKRUPTCY COURT FOR THE ( e.g., SOUTHERN ) _________________________ DISTRICT OF ______________________________ (Name of State) IN RE: _________________________________ DEBTOR CASE NO.______________ (Name of Debtor) ___________________________________ , CREDITOR PLAINTIFF ( Name of Creditor) V. ADV. PROC. NO.______________ ____________________________________ , DEBTOR DEFENDANT (Name of Debtor) MOTION TO LIFT STAY COMES NOW _______________________________ (Name of Plaintiff) , Plaintiff in the above-styled and numbered cause, by and through her attorney, and files this her Motion for an Order lifting or vacating the stay under 11 U.S.C.A. § 362(a) with regard to _______________________________ (Name of Debtor) so as to permit Plaintiff to commence foreclosure of its mortgage and for such other and further relief as is just and proper. In support of this Motion, Plaintiff would show unto the Court the following matters and facts: 1. That on (date of filing petition for bankruptcy relief) ___________________________ , _________________________________ (Name of Debtor) filed a Petition commencing a case under Chapter (e.g. 11) ________, Title 11, United States Code, for the entry of an order for relief regarding the above-named Debtor . 2. That Plaintiff holds a valid security interest in the form of a first mortgage, the enforcement of which necessitates this Motion to vacate a stay granted under 11 U.S.C.A. § 362(a) . 3. The Debtor has no equity in the property encumbered by Plaintiff's mortgage , and such property is not necessary to an effective reorganization. (and/or) The property encumbered by Plaintiff's mortgage has deteriorated and decreased in value during the course of this proceeding, and the Debtor has abandoned the premises which are currently vacant thus impairing Plaintiff's security. (and/or) The Debtor has failed to provide Plaintiff with adequate protection of Plaintiff's interest in the property encumbered by Plaintiff's mortgage because (give explanation of inadequate protection of property) __________________________________________________________ ______________________________________________________________________________ _____________________________________________________________________________ . 4. The Debtor has no equity in the subject property, which has a present market value of less than the amount owed on the mortgage . WHEREFORE, Plaintiff moves that, upon final hearing of this matter, the stay under 11 U.S.C.A. § 362(a) be vacated so as to permit Plaintiff to commence foreclosure of its mortgage and for such other and further relief as is just and proper. Respectively submitted on this ___________________________________ (date) . _____________________________________ (Name of Plaintiff) By: ___________________________________ (Name of Plaintiff’s Attorney) State Bar No. __________________ Her Attorney __________________________________ (Name of Plaintiff’s Attorney) __________________________________ Post Office Box __________________________________ City, State, Zip Code __________________________________ Telephone Certificate of Service This is to certify that I, ____________________________________ (Name of Attorney) , attorney for Plaintiff ____________________________________ (Name of Plaintiff) , have this date served a true and correct copy of the above and foregoing MOTION TO LIFT STAY by U.S. Mail, postage fully prepaid, to the following counsel of record for Defendant: ______________________________________ (Name of Attorney) ______________________________________ Post Office Box ______________________________________ City, State, Zip Code This the ______ day of ____________________________, 20_____. ______________________________ Respectfully Submitted , _________________________________ (Name of Attorney) State Bar No. _____________ Attorney for Plaintiff OF COUNSEL: ____________________________________ (Name of Plaintiff’s Attorney) ____________________________________ Post Office Box ____________________________________ City, State, Zip Code ____________________________________ Telephone Notice of Motion to Reconsider Order You are notified that on _____________________________ ( date) , at _________ (time) , or as soon thereafter as counsel can be heard, in Courtroom __________ of the United States Bankruptcy Court for the (e.g., Southern) _______________________ District of __________________________ ( Name of State) at ____________________________________ ______________________________________________________________________________ (street address, city, county, state, zip code) , Plaintiff __________________________________ (Name of Plaintiff) , by and through her attorney, will bring on for hearing her Motion to Lift Stay for the reasons stated in the above Motion. Respectfully Submitted, ____________________________________ (Name of Attorney) State Bar No. ___________ Attorney for Plaintiff OF COUNSEL: _______________________________ (Name of Plaintiff’s Attorney) _______________________________ Post Office Box _______________________________ City, State, Zip Code ________________________________ Telephone