Motion For Relief From The Stay Regarding Exempt Property (Houston) {M-200-A}

Form M-200-A (For Use Only in Matters for Which a Proof of Claim Has Been Filed in Accordance with BLR 3001-1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: § § Case No. (Chapter __) MOTION FOR RELIEF FROM THE STAY [AND CO-DEBTOR STAY, IF APPLICABLE] REGARDING EXEMPT PROPERTY THIS IS A MOTION FOR RELIEF FROM THE AUTOMATIC STAY. IF YOU OBJECT TO THE GRANTING OF RELIEF FROM THE AUTOMATIC STAY, YOU SHOULD CONTACT THE MOVANT IMMEDIATELY TO TRY TO REACH AN AGREEMENT. IF YOU CANNOT REACH AN AGREEMENT, YOU MUST FILE A WRITTEN RESPONSE AND SEND A COPY TO MOVANT NOT LATER THAN [DATE] AND YOU MUST ATTEND THE HEARING. THE COPY SENT TO THE MOVANT MUST BE DELIVERED BY HAND OR ELECTRONIC DELIVERY IF IT IS SENT LESS THAN SEVEN DAYS PRIOR TO THE HEARING. UNLESS THE PARTIES AGREE OTHERWISE, THE HEARING MAY BE AN EVIDENTIARY HEARING AND THE COURT MAY GRANT OR DENY RELIEF FROM THE STAY BASED ON THE EVIDENCE PRESENTED AT THIS HEARING. IF A TIMELY OBJECTION IS FILED, THE COURT WILL CONDUCT A HEARING ON THIS MOTION ON [DATE] AT [TIME] IN COURTROOM [ADDRESS]. 1. This motion requests an order from the Bankruptcy Court authorizing the person filing this motion to foreclose on or to repossess the property that is identified in paragraph 3. 2. Movant: _______________________ 3. Movant, directly or as agent for the holder, holds a security interest in [describe property. If real property, must list street address and legal description.] 4. Movant has reviewed the schedules filed in this case. The property described in paragraph 3 is claimed as exempt by the debtor. Movant does not contest the claimed exemption. 5. Type of collateral (e.g., Home, Manufactured Home, Car, Truck, Motorcyle): ___________________ 6. Debtor's scheduled value of property: $________________________. 7. Movant's estimated value of property: $_______________. 8. Total amount owed to movant: $_____________. 9. Estimated equity (paragraph 7 minus paragraph 8): $_____________. 10. Total pre and post-petition arrearages: $_____________________________. 11. Total post-petition arrearages: $__________________. 12. Amount of unpaid, past due property taxes, if applicable: $______________. 13. Expiration date on insurance policy, if applicable: _______________________. 14. __________ Movant seeks relief based on the debtor(s)' failure to make payments. The chapter 13 trustee's payment history in this case is attached as exhibit "A." Any party in interest may move to require the Movant to provide a complete payment history. If ordered by the Court, the complete payment history must be provided not less than 7 days prior to the final hearing on the motion for relief from the stay. Movant may include a complete payment history with its original motion. If a payment history is ordered, it must be provided in a format substantially similar to the format required by BLR 3001-1. Movant acknowledges that the Court may prohibit the use of parol evidence to interpret a payment history that does not satisfy these representations. 15. __________. Movant seeks relief based on the debtor(s)' failure to provide a certificate of insurance reflecting insurance coverage as required under the debtor's pre-petition contracts. American LegalNet, Inc. www.FormsWorkFlow.com Form M-200-A (For Use Only in Matters for Which a Proof of Claim Has Been Filed in Accordance with BLR 3001-1 16. If applicable: Name of Co-Debtor: ________________________________. 17. Based on the foregoing, movant seeks termination of the automatic stay [and the co-debtor stay, if applicable] to allow movant to foreclose or repossess the debtor(s)' property and seeks to recover its costs and attorneys' fees in an amount not to exceed the amount listed in paragraph 9. 18. Movant certifies that prior to filing this motion an attempt was made to confer with the Debtor(s)' counsel (or with Debtor(s), if pro se) either by telephone, by e-mail or by facsimile, by the following person on the following date and time: _____________________________________________________________________________________________ __________________________. An agreement could not be reached. If requested by debtor or debtor's counsel, a payment history in the form attached to this motion was provided at least two days, excluding intermediate weekends and holidays) before this motion was filed. Date: __________ __________________________________________________ Movant's counsel signature Name: ____________________________________________ State Bar No.: ______________________________________ S.D. Tex. Bar No.: __________________________________ Address: __________________________________________ __________________________________________ Telephone: ________________________________________ Fax: _____________________________________________ E-mail: ___________________________________________ Certificate of Service and Certificate of Compliance with BLR 4001 A copy of this motion was served on the persons shown on exhibit "1" at the addresses reflected on that exhibit on [date]. Movant certifies that movant has complied with Bankruptcy Local Rule 4001. _________________________________________________ Movant's Counsel American LegalNet, Inc. www.FormsWorkFlow.com