Fill and Sign the Motion Relief Stay Form

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF IN RE: CHAPTER 7 BANKRUPTCY NUMBER: MOVANT VS. MOTION NO. RESPONDENT(S) , TRUSTEE RESPONDENT MOTION FOR RELIEF FROM AUTOMATIC STAY AND FOR ABANDONMENT COMES NOW, (hereinafter "Movant"), and moves the Court to enter an Order granting Movant relief from the automatic stay provisions of 11 U.S.C. § 362(a) of the Bankruptcy Code and for abandonment pursuant to §554(b) of the Bankruptcy Code and in support thereof would show unto this Court the following: 1. Movant holds a valid mortgage on the property of the Debtor(s) located at by virtue of a Deed of Trust dated , and recorded in the office of the Chancery Clerk of , in Book at Page . Said Deed of Trust is secured by a Note dated in the original principal amount of . A copy of the Deed of Trust, which includes a legal description of the subject property, is attached hereto as Exhibit "A"; and a copy of the Deed of Trust Note is attached hereto as Exhibit "B". [The Assignment of the Deed of Trust to Movant is attached hereto as Exhibit "C". The Warranty Deed wherein said property was conveyed to Debtors, and they assumed the indebtedness thereon, is attached hereto as Exhibit "D"]. 2. The Debtor(s) are in arrears for payments on said Note and Deed of Trust for the months of . The total amount due to Movant is approximately and the value of the property is . There is no equity in the subject property for the benefit of the estate. 3. That since Debtors have not maintained the note payments as and when they have come due and there is no equity for the benefit of the estate, good cause exists to lift the automatic stay and allow Movant to commence foreclosure proceedings on said Deed of Trust. WHEREFORE, PREMISES CONSIDERED, Movant requests that the Trustee abandon the property from the estate pursuant to 11 U.S.C. § 554(b) and that the Court lift the automatic stay provisions of 11 U.S.C. § 362(a) of the Bankruptcy Code thereby allowing Movant to foreclose on its Deed of Trust, and that the Court enter an order awarding Movant attorney's fees and court costs. Respectfully submitted, BY: ____________________________ , Its Attorney CERTIFICATE I, , do hereby certify that I have this date mailed via United States mail, postage pre-paid, a true and correct copy of the above and foregoing Motion for Relief from Automatic Stay to the following: DATED this the day of , 20 . _____________________________