Order Lifting The Automatic Stay For Consensual Loss Mitigation Mortgage Modification (Ch13)

ORDER LIFTING THE AUTOMATIC STAY FOR CONSENSUAL LOSS MITIGATION/MORTGAGE MODIFICATION (Chapter 13). This form is used in the United States Bankruptcy Court, District of South Carolina, specifically in a Chapter 13 bankruptcy case. The order states that the debtor has requested an ex parte order from the court to authorize the modification of the automatic stay to initiate loss mitigation/mediation with a specific creditor concerning property owned by the debtor. As a result, the automatic stay provided by 11 U.S.C. § 362 is lifted to the extent necessary for the debtor and creditor to engage in and complete any loss mitigation related to the property. The order further allows the debtor and creditor to negotiate and enter into any consensual loan modification agreement, including trial modifications, permanent loan modifications, and the execution and recording of any other conforming and amended documents related to the loan modification process. It specifies that the debtor must promptly provide notice of any permanent loan modification by filing notice with the court. Additionally, the order mentions that unless otherwise ordered, the chapter 13 trustee will continue to make disbursements to the creditor as provided in any confirmed plan. It emphasizes that nothing in the order waives any requirement applicable to the debtor pursuant to the Bankruptcy Code, Rules, Local Rules, Operating Orders, or any order entered in the case. www.FormsWorkflow.com