Motion For Authority To Incure Secured Debt For Modifying Existing Loan

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at IN RE: Debtor Case No. Chapter 13 MOTION FOR AUTHORITY TO INCUR SECURED DEBT FOR THE PURPOSE OF MODIFYING THE TERMS OF AN EXISTING SECURED LOAN FOR REAL PROPERTY AND NOTICE OF OPPORTUNITY TO OBJECT The Debtor hereby seeks Court authority to incur secured debt for the purpose of modifying the terms of an existing secured loan for real property, and submits the following information regarding the modified loan: 1. The address of the real property is . The holder of the secured claim is . 2. The amount of the proposed modified secured claim is $. This amount does or does not (check one) include pre-petition arrears currently being paid through the plan. 3. The monthly amount of the modified secured claim payment is $. This amount does or does not (check one) include real estate taxes and hazard insurance to be escrowed by the holder of the modified secured claim. The monthly escrow amount is $. The current monthly secured claim payment is $. 4. INTEREST TERMS: A. Fixed rate loan with an interest rate of % for a duration of years. American LegalNet, Inc. www.FormsWorkFlow.com OR B. Adjustable rate loan or ARM with a fixed interest rate of % for a duration of years; then interest will adjust every years. The total loan duration is years. Additional information: a. Rate adjustment is limited to an increase of per each adjustment. b. Rate adjustment over the life of the loan is limited to . 6. The loan modification does or does not (check one) affect the terms of the confirmed plan in the case. If the loan modification does affect the terms of the confirmed plan in the case, the Debtor will separately file a motion to modify the confirmed plan. This motion does not constitute a motion to modify the confirmed plan. The Debtor hereby acknowledges that the terms of the confirmed plan remain in effect until such time as any plan modification is approved by the Court. 7. The loan modification will not alter or affect the status or priority of any other existing liens on the real property. 8. The Debtor has advised the holder of the modified secured claim that it must either file an amended proof of claim or withdraw the filed proof of claim within 30 days of the closing of the loan modification transaction. WHEREFORE, the Debtor submits that this loan modification is in the best interest of the Debtor and the creditors as it will increase the feasibility of the Chapter 13 plan. Date: Respectfully submitted, /s/ Debtor Debtor222s Address: Phone number: American LegalNet, Inc. www.FormsWorkFlow.com /s/ Debtor Debtor222s Address: Phone number: NOTICE OF OPPORTUNITY TO REQUEST A HEARING TO CREDITORS AND PARTIES IN INTEREST You are notified of the filing of the foregoing Motion by the Debtor requesting Court authority to incur secured debt for the purpose of modifying the terms of an existing secured loan for real property. Any interested party objecting to the loan modification must file an objection with the United States Bankruptcy Court for the District of Maryland within fourteen (14) days after the date of this motion. You are further notified that unless an objection is filed, the Court may grant the motion without a hearing. CERTIFICATE OF SERVICE I hereby certify that this Motion for Approval of Loan Modification was served this day of , 20 electronically by the Court222s CM/ECF system on the following: Name of Party: Name of Party: I hereby further certify that this Motion for Approval of Loan Modification was served this day of , 20 was also mailed first class mail, postage prepaid to the creditors and parties of interest on the attached list. /s/ Debtor American LegalNet, Inc. www.FormsWorkFlow.com IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at IN RE: Debtor Case No. Chapter 13 ORDER AUTHORIZING LOAN MODIFICATION Upon a motion and/or notice by the debtor for authority to enter into an agreement to modify an existing secured loan for real property, it is by the United States Bankruptcy Court for the District of Maryland, ORDERED, that the Debtor is authorized to enter into a modification of an existing secured loan agreement according to the terms set out in the motion; and it is further ORDERED, that the terms of the confirmed plan in this case are not hereby modified, and any plan modification must be effected by separate motion and order pursuant to 11 U.S.C. 247 1329 of the Bankruptcy Code; and it is further ORDERED, that this order does not alter or affect the status or priority of any other existing lien on the real property that is the subject of the loan modification, and it is further American LegalNet, Inc. www.FormsWorkFlow.com ORDERED, that upon the finalization of the loan modification, the Debtor shall immediately transmit a copy of the signed loan modification agreement to the Chapter 13 Trustee. Copies to: Debtor Chapter 13 Trustee All Creditors and Parties in Interest END OF ORDER American LegalNet, Inc. www.FormsWorkFlow.com