25 February 2010
New Bankruptcy Relief from Stay Forms to Take Effect in Northern District of Ohio
On February 23, 2010, it was announced that the Bankruptcy Court for the Northern District of Ohio will begin utilizing new forms for the filing of Relief from Stay Motions in Chapter 7, Chapter 13 and Chapter 11. The forms will need to be used for any motions filed on or after April 1, 2010.
The Bankruptcy Courts affected include: Cleveland, Toledo, Akron, Canton and Youngstown. The new forms will require much of the same information as had been provided by creditors previously. However, the forms will require greater specificity as to the calculation of the total balance and arrears owing on a loan, as well as a more structured and detailed analysis of a creditor’s right to enforce the Note, Mortgage or Security Agreement.
No new forms will be required by creditors filing only for Abandonment. In addition, no new forms were created for the submission of agreed or stipulated orders.
The Bankruptcy Department at WW&R is reviewing the new forms and will provide a more detailed analysis in the coming weeks. Also feel free to visit our bankruptcy blog at wwrbankruptcy.com.
The Bankruptcy Courts affected include: Cleveland, Toledo, Akron, Canton and Youngstown. The new forms will require much of the same information as had been provided by creditors previously. However, the forms will require greater specificity as to the calculation of the total balance and arrears owing on a loan, as well as a more structured and detailed analysis of a creditor’s right to enforce the Note, Mortgage or Security Agreement.
No new forms will be required by creditors filing only for Abandonment. In addition, no new forms were created for the submission of agreed or stipulated orders.
The Bankruptcy Department at WW&R is reviewing the new forms and will provide a more detailed analysis in the coming weeks. Also feel free to visit our bankruptcy blog at wwrbankruptcy.com.