See forms 35-10 (motion for relief from automatic stay) and 35-11 (affidavit in support of motion for relief from automatic stay) in this chapter.
Note: The judge will insert an image of his signature and the date of signing electronically. In the bankruptcy courts for the Western District of Texas, the practitioner should leave four inches of blank space at the top of the first page for insertion of the judge’s signature. In other bankruptcy courts in the other districts in Texas, the image of the judge’s signature will be inserted below the last line of text, so the practitioner should leave adequate space on the form. It is good practice to refer to the local rules and procedures for any updates or changes.
Warning: The local rules of the Bankruptcy Courts for the four districts in Texas have specific requirements for the content of the captions of pleadings and orders, and they are all different. The practitioner should consult the local rules of the bankruptcy court for the district in which he intends to file for the specific requirements as to the content of captions. See section 35.1:2.
[Caption. See form 35-3 in this chapter.]
Order Granting Motion for Relief from Automatic Stay
On [date], a Motion for Relief from Automatic Stay (the “Motion”) was filed by [name of movant], Creditor, in this case. The Court finds that the Motion was properly served pursuant to the Federal and Local Rules of Bankruptcy Procedure and that it contained the appropriate negative notice language, pursuant to Local Rule of Bankruptcy Procedure 4001, that directs any party opposed to the granting of the relief sought by the Motion to file a written response within [number] days or the Motion will be deemed by the Court to be unopposed. The Court finds that no objection or other written response to the Motion has been timely filed by any party. Due to the failure of any party to file a timely written response, the allegations contained in the Motion stand unopposed; therefore, the Court finds that good cause exists for the entry of the following order.
It is therefore ORDERED that the Motion for Relief from Automatic Stay filed by Creditor on [date] is GRANTED so as to modify the automatic stay to allow Creditor to immediately repossess the [describe property] (the “Property”), to sell or otherwise dispose of the Property, and to apply the proceeds against the outstanding indebtedness, less all unearned finance charges and less all other charges that have not yet become due and payable, owed by [name of debtor], Debtor, to Creditor.
It is further ORDERED that the Chapter [7/9/11/13] trustee shall continue making disbursements to Creditor until such time as [he/she] receives notification from Debtor that Creditor has possession of the Property.
It is further ORDERED that Creditor, if [he/she/it] cannot repossess the Property, may resort to any other procedure allowable under state law to obtain possession of the Property, including procurement of a writ of sequestration.
It is further ORDERED that if Creditor needs to procure a writ of sequestration, the automatic stay is modified so as to allow Creditor to file suit against Debtor in order to obtain the writ of sequestration.
And it is further ORDERED that, since the Motion was unopposed by any party, the fourteen-day stay period otherwise imposed by Fed. R. Bankr. P. 4001(a)(3) shall not apply to this Order, and the stay shall lift immediately on entry of this Order.