Form 4001 1-2025

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The document is a form used in the United States Bankruptcy Court for the Southern District of Ohio, specifically for motions related to relief from stay and adequate protection concerning real estate. It includes sections for detailing the debtor's total indebtedness, estimated market value of the property, statements of arrearage, loan information, and required attachments. The form aims to provide a structured way to present financial details and documentation relevant to bankruptcy proceedings involving real estate.

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Click ‘Get Form’ to open it in the editor.
Begin by entering the real property address that is the subject of this motion in the designated field.
In the DEBT / VALUE REPRESENTATIONS section, input the total indebtedness of the debtor(s) at the time of filing and the estimated market value of the real property.
Fill out the STATEMENT OF ARREARAGE section, detailing amounts due as of petition filing date, postpetition payments, and any late charges.
Complete the OTHER LOAN INFORMATION section by providing details such as loan date and current interest rate.
Ensure all required attachments are included, such as payment history and copies of documents indicating movant’s interest in the property.
Finally, review all entries for accuracy before saving or submitting your completed form.

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What does motion for relief from stay mean in Chapter 13?

What happens after an automatic stay is lifted? While an automatic stay prevents most debt collectors from pursuing collections or lawsuits against you, lifting a stay allows them to resume these activities.

How to fight a motion for relief from automatic stay?

How Can Debtors Defend Against a Motion for Relief from an Automatic Stay? Inadequate Notice. Lack of Standing to File. Preserving the Stay is Necessary to Enable the Debtors Reorganization. Harm to the Debtor Would Outweigh the Benefits to the Creditor Seeking Relief. Defenses to the Underlying Debt.

Which of the following is a consequence of violating the automatic stay?

In most Chapter 13 Plans, the Debtor is required to make payments to their secured creditors outside the Plan. When these payments are not made, a secured creditor can file a Motion for Relief seeking relief from the Automatic Stay so they can take action against the collateral (i.e. your house or car).

How to fight a motion to lift an automatic stay?

To oppose lifting an automatic stay, a pro se filer must identify the correct court forms, typically a written objection or opposition motion. Filing deadlines are strict, often within days of the lift request. Submit the completed forms to the bankruptcy court clerk and serve copies on involved parties.

What is a motion to confirm absence of stay?

A Motion to Confirm Termination or Absence of Stay is a request for the court to determine whether or not the debtor is under the protection of an automatic stay.