Ch. 7/13 Motion For Relief From Debtor / Chapter 13 Codedebtor Stay Form Page 2
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42. Relief from stay should be granted because (check all that apply): (To be completed by creditor)
Lack of adequate protection because of failure to make sufficient adequate protection payments and lack of a sufficient
equity cushion.
Lack of insurance on collateral.
No equity in the collateral and the property is not necessary for an effective reorganization.
Failure of debtor to make Chapter 13 plan payments.
Failure of debtor to make payments to secured creditor required by ¶4 of Chapter 13 plan.
Other (describe):
RESPONSE (Specify why relief from stay should be denied. If respondent proposes to cure a postpetition default, detail the
cure by attaching a proposed order using Local Form (LBF) #720.90 available at
under Forms/Local
Forms) (to be completed by respondent):
3. Background (To be completed by creditor)
a. Date petition filed: ___________ Current Chapter: ____ (7 or 13)
If 13, current plan date ___________ Confirmed:
Yes
No
If 13, treatment of creditor’s prepetition claim(s) in plan:
If 7, debtor
has
has not stated on Local Form (LBF) #521 or #521.05 that debtor intends to surrender the collateral.
b. Creditor has a lien on the collateral by virtue of (check all applicable sections and also see ¶6 below):
Security agreement, trust deed or land sale contract dated ___________, and, if applicable, an assignment of said
interest to creditor. The security interest was perfected as required by applicable law on ___________.
Retail installment contract dated ___________, and, if applicable, an assignment of said interest to creditor. The
security interest was perfected on the certificate of title on ___________.
Other (describe):
RESPONSE (Identify any disputed items and specify the pertinent facts) (to be completed by respondent):
4. Request for Relief from Codebtor Stay (Only Chapter 13)
a. ______________________________, whose address is _______________________________________________
________________________, is a codebtor on the obligation described above, but is not a debtor in this bankruptcy.
b. Creditor should be granted relief from the codebtor stay because (check all applicable boxes):
codebtor received
the consideration for the claim held by creditor,
debtor’s plan does not propose to pay creditor’s claim in full,
creditor’s interest would be irreparably harmed by continuation of the codebtor stay as a result of the default(s)
described above and/or
because:
720.80 (12/1/14)
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