Fill and Sign the Motion to Re Consider Form

IN THE UNITED STATES BANKRUPTCY COURT FOR THE ____________________ DISTRICT OF ____________________ IN RE: ___________________________ CASE NO. ____________________ CHAPTER 13 PROCEEDING ___________________________ VS. MOTION NO. _________________________________ MOTION TO RE-CONSIDER COMES NOW, ___________________________ (hereinafter "Movant), a creditor in the above-styled and numbered bankruptcy proceeding, and files this Motion to Re- Consider Orders Overruling ___________________________ , and in support thereof would show unto this Honorable Court as follows, to-wit: JURISDICTION 1. This Court has jurisdiction over this Motion proceeding and it is a core proceeding in accordance with the provisions of 28 U.S.C. § 157. PARTIES 2. Movant is ___________________________ . 3. ___________________________ (the "Debtor") is the Debtor in this proceeding pursuant to a Petition for Relief under Chapter 13 of Title 11, United States Bankrupt cy Code, filed by her on ___________________________ . The Debtor may be served with a copy of this Motion at ___________________________ . 4. ___________________________ is the Trustee in this proceeding pursuant to appointment by the United States Trustee in accordance with the law who may be se rved with process at ___________________________ . 5. ___________________________ is the Assistant United States Trustee for Region ____ which encompasses the United States Bankruptcy Court District for the _____________ District of _____________ who is appointed in accordance with law and may be served with process of this Motion at _____________. BASIS FOR RELIEF 6. On or about _____________ served _____________ in the above referenced matter. On _____________, the Clerk of the Court provided Notice that a hearing on _____________ on _____________. The Notice from the Clerk further provided that the last day for Responses to said Motions was _____________. 7. On _____________ the court entered orders denying _____________. 8. The failure of _____________ counsel to personally appear at the scheduled hearings was the result of excusable neglect. Prior to receiving Notice of the hearings in this case, ____________________ had received Notice of a hearing on the _____________. Both the hearings in the instant case were scheduled for _____________. 9. This Court should re-consider the Orders entered on _____________ based upon the following additional facts: ___________________________. 10. Failure of the Court to re-consider its Orders and to re-set the hearings on ______ may result in extreme prejudice to ______. 11. Furthermore, Debtor has meritorious objections to confirmation of Debtor's plan and a legitimate basis for lifting the stay. The interest of ______ in its collatera l is not being adequately protected. WHEREFORE, PREMISES CONSIDERED, ____________________, prays that upon a notice and hearing hereof, this Honorable Court will (i) re-consider its Orders denying, without prejudice, ______ and (ii) enter Orders providing that ______ are not denied and that hearings thereon be held at the earliest possible date. _____________ also prays for such other relief as is just and proper in the premises.DATED, this the ______ day of _____________, 20______. Respectfully submitted, By: ______________________________ CERTIFICATE OF SERVICE I, ____________________, do hereby certify that I have this day mailed by United States mail, postage prepaid, a true and correct copy of the above and foregoing ____________________. DATED, this the ______ day of _____________, 20______. _________________________________