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IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION In Re: BXXXX L. BXXXXX CASE
NO. 99-XXXXX-8B1 CHAPTER 11 Debtor(s). _____________________________________________/ MOTION FOR RELIEF FROM
AUTOMATIC STAY OR, IN THE ALTERNATIVE, FOR
ADEQUATE PROTECTION COMES NOW, THE PXXXXXXXXX
BANK, INC., AN OHIO CORPORATION (hereinafter
movant), by and through its undersigned attorney, and moves the Court pursuant
to 11 U.S.C., Section 362(d) and Bankruptcy Rule 4001, for relief from the
automatic stay, and states: 1. Debtor(s), BXXXX L.
BXXXXX, filed a Voluntary Petition for Relief under 12. U.S.C., Chapter 11, on
September 22, 1999. 2. Prior thereto, on or
about September 2, 1997, debtor(s) herein, entered into a Security Agreement
with movant. 3. Movant is the owner
and holder of a Note and Mortgage, which constitute a lien in the property
described thereunder. 4. A copy of the above
referred to documents which each support movant’s security interest are
attached hereto and made a part hereof as movant’s Exhibits “A” and “B.” 5. That the property
which is the subject of this amended motion for relief from automatic stay is
as follows: LOT x, BLOCK xx, ROUSLYNN, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 1X PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. 6. Debtor(s), BXXX L.
BXXXXX, has/have failed to make payments of principal and interest on the
aforementioned contract, the said contract being in default for the payment due
July 10, 1999, in the amount of $317.89, and that there is due on
the contract a balance of
$3X,XXX.49, together with interest, a reasonable attorney’s fee and a filing
fee of $75.00 for the bringing of this amended motion, which amounts are
secured by the Security Agreement. 7. Movant is entitled to relief from the automatic stay and in
support thereof affirmatively states that movant lacks adequate protection of
an interest in property, and (a) The debtor does not have an equity in such property; and (b) Such property is not necessary to an effective reorganization. Or, in the alternative,
movant is entitled to an order conditioning the stay on adequate protection
payments. 8. That movant further relies on its Affidavit in Support of
Motion for Modification of Stay hereinafter filed. WHEREFORE, movant, THE
XXXXXX BANK, INC., AN OHIO CORPORATION, prays that this Honorable Court will
enter its order terminating, annulling, modifying, or conditioning the
automatic stay as it applies to movant. Daniel CXXXXX, Esquire Florida Bar No. 3XXXXX XXX North AXXXXX Avenue Tampa FL 3XXXX (813) 9XX-8XXX Fax (813) 9XX-0XXX Attorney for Creditor AMENDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and
correct copy of the foregoing with attachments have been furnished by U.S. Mail
to BXXXX L. BXXXXX, 1X EAST BXXXX DRIVE, #EXX, LXXXX, FL 3XXXX; XXXXX XXXXX, ESQUIRE, P.O. BOX XXXXXXX, TAMPA, FL 3XXXX;
OFFICE OF THE U.S. TRUSTEE, MIDDLE DISTRICT OF FLORIDA, 501 E. POLK
STREET, SUITE 1200, TAMPA, FL 33602; AND ALL CREDITORS HOLDING THE
20 LARGEST UNSECURED CLAIMS ON THE ATTACHED LIST OF CREDITORS,
this XX ST day of MARCH, 2000. Dan C. CXXXXX, Esquire enc. $75.00 filing fee (previously submitted) |
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