Thomas Martin Martinez

This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
December 2013 Page 1 F 4001-1.ORDER.PP
1. The Motion was: Opposed Unopposed Settled by stipulation
2. The Motion affects the following personal property (Property):
Vehicle (describe year, manufacturer, type and model): _____________________________________________
Vehicle identification number: ____________________________
Location of vehicle (if known): ____________________________
Equipment (describe manufacturer, type, and characteristics):
Serial number(s): _______________________________________
Location (if known): _______________________________________
Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. &
Email Address
THOMAS R. MULALLY (SBN 116880)
SPENCER & MULALLY
14156 Magnolia Blvd., Suite 200
Sherman Oaks, CA 91423
(818) 784-8700
(818) 784-5406 fax
tom@ssmlaw.com
FOR COURT USE ONLY
Attorney for Movant(s)
Movant(s) appearing without an attorney
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA – SAN FERNANDO VALLEY DIVISION
In re:
THOMAS MARTIN MARTINEZ
CASE NO.: 1:12-bk-15757-AA
CHAPTER: 13
ORDER GRANTING MOTION FOR RELIEF
FROM THE AUTOMATIC STAY UNDER
11 U.S.C. § 362 (PERSONAL PROPERTY)
DATE: 6/11/2014
TIME: 11:30 am
COURTROOM: 303
PLACE: 21041 Burbank Boulevard,
Woodland Hills, CA
Debtor(s).
Movant: DPM Acquisition, LLC
FILED & ENTERED
JUN 23 2014
CLERK U.S. BANKRUPTCY COURT
Central District of California
BY DEPUTY CLERK	Ogier
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This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
December 2013 Page 2 F 4001-1.ORDER.PP
Other Property (describe type, identifying information, and location): 72 vacation points in Timeshare Interest
See Exhibit _________ attached to this Order.
3. The Motion is granted under: 11 U.S.C. § 362 (d)(1) 11 U.S.C. § 362(d)(2)
4. As to the Movant, its successors, transferees and assigns, the stay of 11 U.S.C. § 362(a) is:
a. Terminated as to Debtor and Debtor’s bankruptcy estate.
b. Annulled retroactively to the date of the bankruptcy petition filing.
c. Modified or conditioned as set for the in Exhibit _________ to this Order.
5. Movant may enforce its remedies to repossess or otherwise obtain possession and dispose of the Property in
accordance with applicable nonbankruptcy law, but may not pursue any deficiency claim against the Debtor or
property of the estate except by filing a Proof of Claim pursuant to 11 U.S.C. § 501.
6. Movant must not repossess the Property before the following date (specify):
7. The stay remains in effect subject to the terms and conditions set forth in the Adequate Protection Attachment to
this Order.
8. In chapter 13 cases, the trustee must not make any further payments on account of Movant’s secured claim after
entry of this Order. The secured portion of Movant’s claim is deemed withdrawn upon entry of this Order without
prejudice to Movant’s right to file an amended unsecured claim for any deficiency. Absent a stipulation or order to
the contrary, Movant must return to the trustee any payments received from the trustee on account of Movant’s
secured claim after entry of this Order.
9. This Order is binding and effective despite any conversion of this bankruptcy case to a case under any other chapter
of the Bankruptcy Code.
10. This court further orders as follows:
a. The 14-day stay provided by FRBP 4001(a)(3) is waived.
b. The provisions set forth in the Extraordinary Relief Attachment shall also apply (attach Optional Form F 4001-
1O.ER).
c. See attached continuation page for additional provisions.
###
Date: June 23, 2014
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This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
December 2013 Page 3 F 4001-1.ORDER.PP
ADEQUATE PROTECTION ATTACHMENT
(This attachment is the continuation page for paragraph 7 of the Order on the Motion.)
The stay remains in effect subject to the following terms and conditions:
1. The Debtor tendered payments at the hearing in the amount of $______________.
2. The Debtor must make regular monthly payments in the sum of $ ____________ commencing ___________.
The amount of these payments may be subject to change under the terms of the parties’ original agreements. All
payments due Movant hereunder shall be paid to Movant at the following address:
3. The Debtor must cure the postpetition default computed through ____________ in the amount of
$___________________ as follows:
a. In equal monthly installments of $ _____________ each commencing ________________ and continuing
thereafter through and including ____________________.
b. By paying the sum of $ ______________ on or before ________________,
c. By paying the sum of $ ______________ on or before ________________,
d. By paying the sum of $ ______________ on or before ________________,
e. Other:
4. The Debtor must maintain insurance coverage on the property and must remain current on all taxes that fall due
postpetition with regard to the property.
5. The Debtor must file a Disclosure Statement and Plan on or before (specify date): ____________
The Disclosure Statement must be approved on or before (specify date): ______________
The Plan must be confirmed on or before (specify date): _______________
6. Upon any default in the foregoing terms and conditions, Movant must serve written notice of default to Debtor,
and any attorney for Debtor. If Debtor fails to cure the default within 14 days after service of such written notice,
plus 3 additional days if served by mail:
a. The stay automatically terminates without further notice, hearing or order.
b. Movant may file and serve declaration under penalty of perjury specifying the default, together with a
proposed order terminating the stay, which the Court may grant without further notice or hearing.
c. The Movant may move for relief from the stay upon shortened notice in accordance with the LBRs.
d. The Movant may move for relief from the stay on regular notice.
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This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
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7. Notwithstanding anything contained herein to the contrary, the Debtor shall be entitled to a maximum (number) of
____ notices of default and opportunities to cure pursuant to the preceding paragraph. Once a Debtor has
defaulted this number of times on the obligations imposed by this Order and has been served with this number of
notices of default, Movant is relieved of any obligation to serve additional notices of default and provide additional
opportunities to cure. If an event of default occurs thereafter, Movant shall be entitled, without first serving a
notice of default and providing the Debtor with an opportunity to cure, to file and serve a declaration under penalty
of perjury setting forth in detail the Debtor’s failures to perform hereunder, together with a proposed order
terminating the stay, which the court may enter without further notice of hearing.
8. The foregoing terms and conditions are binding only during the pendency of this bankruptcy case. If, at any time,
the stay is terminated with respect to the Property by court order or by operation of law, the foregoing terms and
conditions cease to be binding and Movant may proceed to enforce its remedies under applicable nonbankruptcy
law against the Property and/or against the Debtor.
9. If Movant obtains relief from stay based on Debtor’s defaults hereunder, the order granting that relief will contain a
waiver of the 14-day stay as provided in FRBP 4001(a)(3).
10. Movant may accept any and all payments made pursuant to this Order without prejudice to or waiver of any rights
or remedies to which it would otherwise have been entitled under applicable nonbankruptcy law.
11. Other (specify):
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