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DB Motion With End

DB Motion With End

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Published by: acfield13 on Jul 12, 2011
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This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
December 2009 
 
F 4001-1M.RP
 
Attorney or Party Name, Address, Telephone & FAX Numbers, and California State Bar Number
BRIAN A. PAINO (CA SBN 251243)JOSEPH C. DELMOTTE (CA SBN 259460)PITE DUNCAN, LLP4375 Jutland Drive, Suite 200P.O. Box 17933San Diego, CA 92177-0933Telephone: (858)750-7600 Facsimile: (619) 590-1385
Attorney for: 
DEUTSCHE BANK NATIONAL TRUST COMPANY, ASTRUSTEE FOR MORGAN STANLEY CAPITAL I INC. TRUST 2006-HE2,Movant
UNITED
 
STATES
 
BANKRUPTCY
 
COURTCENTRAL
 
DISTRICT
 
OF
 
CALIFORNIA
 CHAPTER: 7CASE NO.: 2:10-bk-23869-BR
In re:
 
TRITIA Q. BARRIENTOS, Debtor(s), and JASON M. RUND, Chapter 7Trustee.
DATE: June 2, 2010
 
TIME: 2:00 p.m.CTRM: 1668FLOOR: 16th
NOTICE OF MOTION AND MOTION FOR RELIEF FROM THE AUTOMATIC STAYUNDER 11 U.S.C.
'
362 (with supporting declarations)(MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY CAPITAL IINC. TRUST 2006-HE2)
1
 (Real Property)
 
1. NOTICE IS HEREBY GIVEN to the Debtor(s) and Trustee (if any)(
A
Responding Parties
@
), their attorneys (if any), and other interestedparties that on the above date and time and in the indicated courtroom, Movant in the above-captioned matter will move this Court for anOrder granting relief from the automatic stay as to Debtor(s) and Debtor
=
s(s') bankruptcy estate on the grounds set forth in the attachedMotion.2.
Hearing Location: 255 East Temple Street, Los Angeles 411 West Fourth Street, Santa Ana21041 Burbank Boulevard, Woodland Hills
 
1415 State Street, Santa Barbara3420 Twelfth Street, Riverside
3. a. This Motion is being heard on REGULAR NOTICE pursuant to Local Bankruptcy Rule 9013-1. If you wish to oppose thisMotion, you must file a written response to this Motion with the Bankruptcy Court and serve a copy of it upon the Movant'sattorney (or upon Movant, if the motion was filed by an unrepresented individual) at the address set forth above no less than 14days before the above hearing and appear at the hearing of this Motion.b. This Motion is being heard on SHORTENED NOTICE. If you wish to oppose this Motion, you must appear at the hearing. Anywritten response or evidence may be filed and served:at the hearing at least ______ court days before the hearing.(1) A Motion for Order Shortening Time was not required (according to the calendaring procedures of the assigned judge).(2) A Motion for Order Shortening Time was filed per Local Bankruptcy Rule 9075-1(b) and was granted by the Court andsuch motion and order have been or are being served upon the debtor and trustee, if any.(3) A Motion for Order Shortening Time has been filed and remains pending. Once the Court has ruled on that Motion, youwill be served with another notice or an order that will specify the date, time and place of the hearing on the attachedMotion and the deadline for filing and serving a written opposition to the Motion.4. You may contact the Bankruptcy Clerk
=
s office to obtain a copy of an approved court form for use in preparing your response (
Optional Court Form F 4001-1M.RES)
, or you may prepare your response using the format required by Local Bankruptcy Rule 1002-1.
Case 2:10-bk-23869-BR Doc 9 Filed 05/04/10 Entered 05/04/10 11:39:43 DescMain Document Page 1 of 13
 
Motion for Relief from Stay (Real Property) -
Page 2 of 13 
 
F 4001-1M.RP
 
In re (SHORT TITLE)TRITIA Q. BARRIENTOS, Debtor(s), andJASON M. RUND, Chapter 7 Trustee.CHAPTER: 7CASE NO.: 2:10-bk-23869-BR
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
December 2009 
 
F 4001-1M.RP
 
5. If you fail to file a written response to the Motion or fail to appear at the hearing, the Court may treat such failure as a waiver of your rightto oppose the Motion and may grant the requested relief.Dated: May 4, 2010PITE DUNCAN, LLP
Print Law Firm Name (if applicable)
JOSEPH C. DELMOTTE /s/ Joseph C. Delmotte (CA SBN 259460)
Print Name of Individual Movant or Attorney For Movant 
 
Signature of Individual Movant or Attorney for Movant 
Case 2:10-bk-23869-BR Doc 9 Filed 05/04/10 Entered 05/04/10 11:39:43 DescMain Document Page 2 of 13
 
Motion for Relief from Stay (Real Property) -
Page 3 of 13 
 
F 4001-1M.RP
 
In re (SHORT TITLE)TRITIA Q. BARRIENTOS, Debtor(s), andJASON M. RUND, Chapter 7 Trustee.CHAPTER: 7CASE NO.: 2:10-bk-23869-BR
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
December 2009 
 
F 4001-1M.RP
 
MOTION FOR RELIEF FROM THE AUTOMATIC STAY(MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGANSTANLEY CAPITAL I INC. TRUST 2006-HE2)
 
1.
The Property at issue:
Movant moves for relief from the automatic stay with respect to following real property (the
A
Property
@
):
Street Address: 
24192 Benfield Place
Apartment/Suite no.: 
 
City, State, Zip Code: 
Diamond Bar, California 91765Legal description or document recording number (including county of recording): Los Angeles County; Inst. No. 05 2745554See attached continuation page.2.
Case History:
 a. A voluntary An involuntary petition under Chapter 7 11 12 13was filed on: 4/11/2010b. An Order of Conversion to Chapter 7 11 12 13was entered on:c. Plan was confirmed on
(specify date)
:d. Other bankruptcy cases affecting this Property have been pending within the past two years. See Attached Declaration.3.
Grounds for Relief from Stay:
 a. Pursuant to 11 U.S.C.
'
362(d)(1), cause exists to grant Movant the requested relief from stay as follows:(1) Movant
=
s interest in the Property is not adequately protected.(a) Movant
=
s interest in the collateral is not protected by an adequate equity cushion.(b) The fair market value of the Property is declining and payments are not being made to Movant sufficient toprotect Movant
=
s interest against that decline.(c) No proof of insurance re Movant
=
s collateral has been provided to Movant, despite borrower(s)
=
s obligationto insure the collateral under the terms of Movant
=
s contract with Debtor(s).(d) Payments have not been made as required by an Adequate Protection Order previously granted in thiscase.(2) The bankruptcy case was filed in bad faith to delay, hinder or defraud Movant.(a) Movant is the only creditor or one of very few creditors listed on the master mailing matrix.(b) Non-individual entity was created just prior to bankruptcy filing for the sole purpose of filing bankruptcy.(c) The Debtor(s) filed what is commonly referred to as a "face sheet" filing of only a few pages consisting of thePetition and a few other documents. No other Schedules or Statement of Affairs (or Chapter 13 Plan, ifappropriate) have been filed.(d) Other (See attached continuation page).
(Continued on next page)
 
Case 2:10-bk-23869-BR Doc 9 Filed 05/04/10 Entered 05/04/10 11:39:43 DescMain Document Page 3 of 13

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