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New Hampshire LBF 4001-2 Notice of Contingent Hearing on Motion for Continued Use of Cash Collateral

State:
New Hampshire
Control #:
NH-SKU-0021
Format:
Word
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Description

LBF 4001-2 Notice of Contingent Hearing on Motion for Continued Use of Cash Collateral

The New Hampshire LBF 4001-2 Notice of Contingent Hearing on Motion for Continued Use of Cash Collateral is a document issued to provide notice of a court hearing to consider a motion to continue to use cash as collateral for debt owed. The hearing is contingent upon the filing of a motion for continued use of cash collateral by a creditor. The notice includes information about the creditor, amounts owed, the date and time of the hearing, and other relevant information about the debt. There are two types of New Hampshire LBF 4001-2 Notice of Contingent Hearing on Motion for Continued Use of Cash Collateral: an original and a revised version. The original notice is issued when the creditor first files the motion, and the revised version is issued if the creditor provides additional information or changes to the motion.

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FAQ

This Standard Clause for use in a forbearance or restructuring agreement provides for a defaulting borrower to waive its right to assert the automatic stay against a lender if it later files for bankruptcy. This Standard Clause has integrated notes with important explanations and drafting tips.

At the conclusion of your Chapter 7 bankruptcy you will receive a discharge of debt. A discharge releases you (the debtor) from personal liability for certain dischargeable debts. Some taxes may be dischargeable. Whether a federal tax debt may be discharged depends on the unique facts and circumstances of each case.

P. 4001(d), upon the filing of a declaration attesting that no objections have been timely filed within fourteen (14) days of the filing and service of the agreement or stipulation and notice thereof, the court may enter an order approving the agreement or stipulation.

Motion for Relief from the Automatic Stay is a request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.

A motion that seeks entry of an emergency or interim order before a final hearing under Bankruptcy Rule 4001(b)(2) or (c)(2) shall describe the amount and purpose of funds sought to be used or borrowed on an emergency or interim basis and shall set forth facts to support a finding that immediate or irreparable harm

What are the exceptions to the automatic stay under 11 U.S.C § 362? Establishing paternity; Establishing or modifying domestic support obligations, including child support and alimony; Child custody or visitation matters; Divorce proceedings; Domestic violence matters.

The Stay Has Been Lifted ? Now What? Once a creditor gets a court order lifting the automatic stay, they are allowed to move forward with foreclosure or repossession of the property that secures the debt. That said, the creditor still needs to follow state law for their collection or eviction proceedings.

More info

LBR 4001-2(b).) The movant is not required to obtain a hearing date before filing the motion. Service of S.D. Cal.9006(d); see Section 363(c) of the Bankruptcy Code). Notice and Hearing on the Cash Collateral Motion.

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New Hampshire LBF 4001-2 Notice of Contingent Hearing on Motion for Continued Use of Cash Collateral