**UNITED STATES BANKRUPTCY COURT\
SOUTHERN DISTRICT OF NEW YORK**

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--x**

**In re :**

**: Chapter 13**

**:**

**JOHN or JANE DOE, : Case No. \_\_-\_\_\_\_\_ (RDD)**

**:**

> **Debtor. :**
>
> **:**

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--x**

ORDER PURSUANT TO 11 U.S.C. § 362(d)

[MODIFYING THE AUTOMATIC STAY IMPOSED BY 11 U.S.C. § 362(a)]{.underline}

Upon the Motion, dated \_\_\_\_\_\_\_\_\_ \_\_, 200\_ (the
"[Motion]{.underline}"), of \[insert name of movant\][^1] (with any
subsequent successor or assign, the "[Creditor]{.underline}"[^2]), for
an order, pursuant to section 362(d) of title 11 of the United States
Code (the "[Bankruptcy Code]{.underline}") vacating the automatic stay
imposed in the above-captioned case by section 362(a) of the Bankruptcy
Code as to the Creditor's interests in \[insert description of the
property serving as collateral or leasehold\] (the
"[Property]{.underline}") to allow the Creditor's enforcement of its
rights in, and remedies in and to, the Property \[and insert any other
relief, such as [in]{.underline} [rem]{.underline} relief, sought IN THE
MOTION\]; and due and proper notice of the Motion having been made on
all necessary parties; and the Court having held a hearing (the
"[Hearing]{.underline}") on the Motion on \_\_\_\_\_\_\_\_ \_\_, 200\_;
\[and the above-captioned debtor (the "[Debtor]{.underline}") having
opposed the relief requested in the Motion (the
"[Objection]{.underline}");\][^3] \[and there being no opposition to the
Motion;\] \[and the Court having directed the Creditor on the record of
the Hearing to settle an order on five days' notice on the Debtor; and
the Creditor having settled\[, without objection,\] this form of order
on the Debtor;\[and the Debtor having filed an objection (the
"[Objection]{.underline}") thereto;\]\][^4] and upon all of the
proceedings had before the Court; and after due deliberation and
sufficient cause appearing therefor\[; and for the reasons stated by the
Court on the record of the Hearing\], it is hereby

ORDERED that the Motion is granted as provided herein; and it is further

ORDERED that the automatic stay imposed in this case by section 362(a)
of the Bankruptcy Code is vacated under section 362(d) of the Bankruptcy
Code as to the Creditor's interests in the Property to allow the
Creditor's enforcement of its rights in, and remedies in and to, the
Property; and it is further

ORDERED that the Creditor shall promptly report and turn over to the
chapter 13 trustee any surplus monies realized by any sale of the
Property.[^5]

Dated: \_\_\_\_\_\_\_\_\_\_ \_\_, 200\_

New York, New York

United States Bankruptcy JudgE

[^1]: Bracketed clauses herein indicate items that will vary from order
    to order, such as proper nouns and clauses that will be appropriate
    in some, but not all, circumstances. Instructions to attorneys are
    in CAPS.

[^2]: Alternatively, the defined term for the movant can be, as
    appropriate, "Landlord," "Mortgagee," or the like.

[^3]: The preceding bracketed clause is appropriate if the Debtor has
    filed written opposition to the Motion or appeared at the Hearing
    opposing the Motion. The bracketed clause following the footnote
    will be appropriate when neither the Debtor nor any other party has
    either filed written opposition to the Motion or appeared in
    opposition thereto at the Hearing. If a party other than the Debtor
    objects, the bracketed clause preceding the footnote should be
    revised accordingly.

[^4]: The immediately preceding larger bracketed clause is for
    situations in which the Court directed settlement of an order, and
    has language in the sub-bracketed clauses for situations of (i)
    opposition and (ii) no opposition, to the settled order. If there
    was opposition to the Motion, referenced in footnote 3, and
    opposition to the settled order, there should be different defined
    terms for the two objections, e.g., "Objection to Motion" and
    "Objection to Settled Order" with both together defined as the
    "Objections."

[^5]: Additional decretal paragraphs may be added, as appropriate, for
    other relief sought in the Motion, such as [in]{.underline}
    [rem]{.underline} relief.