UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF VIRGINIA
ADOPTION OF STANDING ORDER NO. 10-2 REGARDING
CONSENT ORDERS PROVIDING FOR RELIEF FROM STAY IN CHAPTER 13
CASES AND ORDERS, WHETHER OR NOT CONSENUAL, IN CHAPTER 7
AND CHAPTER 13 CASES GRANTING RELIEF FROM STAY FOR SPECIFIED
PURPOSES
PUBLIC NOTICE
For the reasons set forth in Standing Order No. 10-2, effective April 1, 2010, all consent
orders in chapter 13 cases submitted on or after the aforesaid date, which provide for the
curing of post-petition arrears shall be in Form A, Consent Order Modifying Automatic
Stay, attached to and incorporated by reference in the standing order. Further, all orders
in chapter 7 and chapter 13 cases granting relief from the automatic stay to enforce deeds
of trust or security agreements encumbering real or personal property, whether or not
consensual, shall be in Form B, Order Granting Relief from Stay, attached to and
incorporated by reference in the standing order. As set forth at paragraph 4 in the
standing order, “Paragraph 9 [of Form A] is optional for all orders except those submitted
to Judge St. John or Judge Santoro.”
Additional information is set forth in the standing order and in Forms A and B. PDF-
fillable versions off both forms are located at the court’s Internet Bankruptcy Forms web
page, at http://www.vaeb.uscourts.gov/scripts/formsqry.exe.
You are invited to access the Western District of Virginia Bankruptcy Court’s Internet
web site for information regarding that court’s entry of an order making provision for
such relief from stay orders: http://www.vawb.uscourts.gov/.
William C. Redden Date: March 10, 2010
Clerk of Court
Attachment
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UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
In re:
RELIEF FROM STAY ORDERS Standing Order No. 10-2
Consent Orders Providing for Relief from Stay in Chapter 13 Cases and Orders, Whether or Not
Consensual, in Chapter 7 and Chapter 13 Cases Granting Relief from Stay for Specified
Purposes
The number of motions for relief from stay has increased significantly as has the number of
consensual resolutions of the motions in chapter 13. After reviewing the consent orders, the court
determined that most orders fall within certain parameters which in ordinary circumstances will be
approved by the court without a further evidentiary hearing. In order to assist the bar and the court,
the court prepared standardized forms of order for routine consent orders providing for the curing
of post-petition arrearages in chapter 13 cases and providing full relief from the automatic stay,
whether or not consensual, in both chapter 7 and 13 cases. It is, therefore
ORDERED:
1. All consent orders in chapter 13 cases submitted on or after April 1, 2010, that provide
for the curing of post-petition arrears shall be in Form A which is attached to this order. Paragraph
8 concerning relief as to a co-debtor should be included or omitted as appropriate.
2. All orders in chapter 7 and chapter 13 cases granting relief from the automatic stay to
enforce deeds of trust or security agreements encumbering real or personal property, whether or not
consensual, shall be in Form B which is attached to this order.
3. In the event that the terms of a standard form of order are not appropriate in a particular
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case, the parties must place the matter on the court’s docket for presentation of a proposed order.
The parties should be prepared to explain the need for additional or modified terms and to present
evidence as may be appropriate. By placing the matter on the court’s docket, the parties agree that
the automatic stay shall remain in full force and effect until the entry of an appropriate order.
4. Paragraph 9 is optional for all orders except those submitted to Judge St. John or Judge
Santoro.
Dated: March 9, 2010
/s/ Douglas O. Tice Jr.
DOUGLAS O. TICE JR.
Chief United States Bankruptcy Judge
/s/ Stephen S. Mitchell
STEPHEN S. MITCHELL
United States Bankruptcy Judge
/s/ Stephen C. St. John
STEPHEN C. ST. JOHN
United States Bankruptcy Judge
/s/ Robert G. Mayer
ROBERT G. MAYER
United States Bankruptcy Judge
/s/ Kevin R. Huennekens
KEVIN R. HUENNEKENS
United States Bankruptcy Judge
/s/ Frank J. Santoro
FRANK J. SANTORO
United States Bankruptcy Judge
FORM A
Chapter 13 Consent Relief from Stay
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UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
_____________ Division
In re:
,
Debtor.
Case No.
(Chapter 13)
,
Movant,
vs.
(Debtor)
[ (Co-debtor),if
applicable] and
, TRUSTEE,
Respondents.
CONSENT ORDER MODIFYING AUTOMATIC STAY
This matter was before the court on _______________, 20__, on the motion of
, for relief from the automatic stay with respect to [Counsel must select the applicable
language for either real property or personal property and redact the other: the real property
located at __________________________and more particularly described as follows:
LEGAL DESCRIPTION
or certain personal property, to-wit: description of personal property, including in the case of a
motor vehicle, the make, model and VIN number].
Upon consideration of which, it is
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ORDERED:
1. The debtor will resume making regular monthly installment payments in the amount of
$________ as they become due commencing on ____________. Late payments will include
applicable late charges in the amount of $_____.
2. The debtor will cure the post-petition arrearage currently due to the movant through
_______________ in the total amount of $_______, which includes late charges, deferred late
charges, filing fees and attorney's fees, by making the following payments:
[Description of terms of repayment, such as the following:
a. $_____ on or before ______________.
b. $_____ on or before ______________.
c. $_____ on or before ______________.
d. $_____ on or before ______________.
e. $_____ on or before ______________.
f. $_____ on or before ______________.]
3. In the event that any payment required by this order is not received by the movant
within 15 days after it is due, the movant may mail a notice of default to the debtor by first class
mail, postage prepaid, (and, if it desires, also by certified or registered mail) with a copy to debtor’s
counsel and the trustee by first class mail, postage prepaid, or by email at the same time as the
notice of default is mailed to the debtor. The notice of default will state in simple and plain
language:
a. That the debtor is in default in making at least one payment required under
this order;
b. The dates and amount of each payment missed and any late charge or other
fee necessary to cure the default;
c. The action necessary to cure the default, including any address to which
payments must be mailed;
d. That the debtor or trustee must take one of the following actions within
fourteen days after the date of the mailing of the notice of default:
i. cure the default;
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ii. file an objection with the court stating that no default exists; or
iii. file an objection with the court stating any other reason why an order
granting relief from the automatic stay should not be entered;
e. That if the debtor or trustee does not take one of the actions set forth in
paragraph 3(d), the movant may file a certificate that it has complied with the
terms of this order and that the court may grant relief from the automatic stay
without further notice to the debtor; and
f. That if the automatic stay is terminated, the collateral may be sold at
foreclosure.
If the debtor or trustee does not take one of the actions set forth in paragraph 3(d), the
movant may submit a certificate stating that it has complied with the terms of this order and that
neither the debtor nor the trustee has taken one of the actions set forth in paragraph 3(d) and may
submit together with the certificate a draft order terminating the automatic stay.
If the debtor or trustee files an objection, the movant must set the matter for hearing and give
notice of the hearing to the debtor, debtor’s counsel and the trustee. At the hearing, the court may
terminate the stay or take other action appropriate to the circumstances.
4. The provisions of this order with respect to regular monthly installment payments expire
one year after the date of the entry of this order. In the event of the default in payment of any
regular monthly installment payment due more than one year after the date of the entry of this order,
the movant must obtain relief by filing a new motion for relief from stay with appropriate notice and
hearing.
5. Until an order is entered terminating the automatic stay, the movant may not refuse to
accept or apply payments tendered by the debtor, even if such payments are late or in an improper
amount; however, acceptance of non-conforming payments is without prejudice and shall not
constitute a waiver of any default.
6. The automatic stay is modified to permit the noteholder or servicing agent to send the
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debtor payment coupons, payment statements or invoices, notices of late payment, notices of
payment changes, notices of servicing transfers, or any other notice, other than a notice of
acceleration or demand for payment of the entire balance, normally sent to customers in the ordinary
course of business.
7. Should the debtor default pursuant to the terms contained herein, unless otherwise ordered
by this court, the movant shall be entitled to reasonable attorneys fees in the amount of $
for issuance of a notice of default, and an additional $ for issuance of a certificate of default
and preparation of an order terminating the automatic stay.
[Insert if applicable:
8. Relief is granted as to , the co-debtor, from the automatic stay imposed by
§1301(a) to the same extent and on the same terms and conditions as granted as to the debtor.]
[Insert for orders to be submitted in the Norfolk and Newport News Divisions:
9. The source of funds to make the cure payments is: ___________________________.]
_____________, Virginia
_____________, 201__
United States Bankruptcy Judge
ENDORSEMENTS of
Movant’s Counsel
Debtor’s Counsel
Chapter 13 Trustee
CERTIFICATION
The undersigned certifies that the foregoing Consent Order Modifying Automatic Stay is
identical to the form order required by Administrative Order and that no modification,
addition, or deletion has been made.
Attorney for Movant
FORM B
Relief from Stay
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UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
_______________ Division
In re:
,
Debtor.
Case No.
(Chapter __)
,
Movant,
vs.
and
, Trustee,
Respondents.
ORDER GRANTING RELIEF FROM STAY
Upon consideration of the motion of to modify the automatic stay; it is
ORDERED that the automatic stay imposed by 11 U.S.C. §362 is modified to permit the
movant and its successors and assigns to enforce [Counsel must select the applicable language for
either real property or personal property and redact the other: the lien of its deed of trust as it
pertains to the real property located at
, and is more particularly described
as follows:
LEGAL DESCRIPTION
which relief shall extend to the purchaser at the foreclosure sale to allow the purchaser to take such
action under state law, as may be necessary, to obtain possession of the property.
or
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to enforce its rights under its security agreement to lawfully repossess and liquidate certain personal
property, to-wit: [description of personal property, including in the case of a motor vehicle, the
make, model and VIN number].
DONE at ________________, Virginia, this day of , 20__.
______________________[Judge]
United States Bankruptcy Judge
Copy to:
Movant
Counsel for Debtor(s)
Chapter 7 Trustee
Copy mailed to:
Debtor(s)
CERTIFICATION
The undersigned certifies that the foregoing Order Granting Relief from Stay is identical to
the form order required by Administrative Order and that no modifications, additions, or
deletions have been made.
Attorney for Movant
