Requests for Adjournment Form; Order Granting Relief from the Automatic Stay; Order Granting Conditional Relief from the Automatic Stay; Order Granting In Rem Relief from the Automatic Stay; Order Awarding Final Compensation and Reimbursement of Expenses in Chapter 11 Case; Order Scheduling Confirma

Hon. Jil Mazer-Marino · U.S. Bankruptcy Court for the Eastern District of New York

Role: Bankruptcy Judge

Bluebook Citation: Hon. Jil Mazer-Marino, Requests for Adjournment Form; Order Granting Relief from the Automatic Stay; Order Granting Conditional Relief from the Automatic Stay; Order Granting In Rem Relief from the Automatic Stay; Order Awarding Final Compensation and Reimbursement of Expenses in Chapter 11 Case; Order Scheduling Confirma, U.S. Bankruptcy Court for the Eastern District of New York

Judge Profile: Hon. Jil Mazer-Marino profile and standing orders


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=== Requests for Adjournment Form ===

REQUESTS FOR ADJOURNMENT Hon. Jil Mazer-Marino Case No. or Adv. Pro. No. Case Name or Adv. Pro. Caption Name of Motion to be adjourned ECF No. for Motion to be adjourned Current Hearing Date Adjourned Date Requested Is adjournment on Consent of all parties? This request for an adjournment is on consent of all parties. The attorney or unrepresented party requesting this adjournment certifies that all parties with an interest in the matter to be adjourned have either (i) consented, in writing, to the adjournment; or (ii) have not responded to my written request for an adjournment and two business days have elapsed since the request was received by that party. I do not have consent for this request for an adjournment from all parties. The parties that do not consent to the adjournment are:

=== Order Granting Relief from the Automatic Stay ===

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------X In re: [Insert Caption], Chapter [Insert Chapter No.] Case No. [Insert Case No.]-jmm Debtor. ---------------------------------------------------------X ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY [AND THE CODEBTOR STAY] Upon the motion [ECF No. ___] (the “Motion”) of [Name of Movant] (“Movant”), for relief from the automatic stay with respect to [Address of Real Property; Vehicle Make, Model, and VIN, ] (the “Collateral”) [and for relief from the codebtor stay respecting [Name of Co-Debtor] (the “Co-Debtor”)]; and a hearing on the Motion having been held on [Date]; and good and sufficient notice of the Motion and the hearing having been provided; and objections, if any, having been overruled, withdrawn or resolved, and good cause appearing therefor, it is ORDERED, that the automatic stay in effect pursuant to 11 U.S.C. § 362(a) is modified pursuant to 11 U.S.C. § 362(d)(__) to permit Movant, its agents, assigns, or successors in interest, to exercise their rights and remedies available under applicable law as to the Collateral; and it is further [ORDERED, that the automatic stay in effect pursuant to 11 U.S.C. § 1301(a) is modified pursuant to 11 U.S.C. § 1301(c)(__) to permit Movant, its agents, assigns, or successors in interest, to exercise their rights and remedies available under applicable law as to the Co-Debtor; and it is further] ORDERED, within thirty (30) days of any sale or disposition of the Collateral, the Movant shall serve a copy of the report of sale or disposition of the Collateral on the above captioned debtor, debtor’s counsel, [and the case trustee]. Any surplus proceeds realized from the sale or other disposition of the Collateral shall be remitted promptly to the [case trustee OR debtor]; and it is further ORDERED, that all other relief requested in the Motion is denied.

=== Order Granting Conditional Relief from the Automatic Stay ===

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------X In re: [Insert Caption], Chapter [Insert Chapter No.] Case No. [Insert Case No.]-jmm Debtor. ---------------------------------------------------------X ORDER GRANTING CONDITIONAL RELIEF FROM THE AUTOMATIC STAY Upon the motion [ECF No. ___] (the “Motion”) of [Name of Movant] (“Movant”), for relief from the automatic stay with respect to [Address of Real Property; Vehicle, Make, Model VIN] (the “Collateral”); and a hearing on the Motion having been held on [Date]; and good and sufficient notice of the Motion and the hearing having been provided; and objections, if any, having been overruled, withdrawn or resolved, and good cause appearing therefor, it is ORDERED, the above-captioned debtor (the “Debtor”) shall perform the following obligations (the “Obligations”): 1. Make the following payments so as to be received by the Movant by the Payment Date: PAYMENT AMOUNT: PAYMENT DATE: PAYMENT APPLIED TO: All payments shall be made pursuant to the following instructions: [Mailing Address and Other Instructions]. 2. Perform the following obligations:_[Other Requirements, if any, e.g., payment of real estate taxes, providing Movant with proof of insurance, etc.]; and it is further ORDERED, if the Debtor fails to perform the Obligations timely, Movant may serve a Notice of Default that identifies the Obligations in default. The notice shall advise that if all defaults are not cured within ten (10) business days after service of the Notice of Default (the “Cure Period”), Movant shall be entitled to relief from the automatic stay. Any Notice of Default shall be served by first class mail or overnight carrier on the Debtor and Debtor’s counsel [and the case trustee]; and it is further ORDERED, if the default is not cured within the Cure Period, Movant may file and serve an Affidavit of Non-Compliance on the docket of this case identifying the Obligations in default and attesting to the Debtor’s failure to cure the defaults within the Cure Period. The Notice of Default and proof of service of the Notice of Default shall be attached to the Affidavit of Non-Compliance. Upon filing the Affidavit of Non-Compliance, Movant may submit a proposed order modifying the automatic stay to permit Movant, its agents, assigns, or successors in interest, to exercise their rights and remedies available under applicable law as to the Collateral; and it is further ORDERED, that all other relief sought in the Motion is denied.

=== Order Granting In Rem Relief from the Automatic Stay ===

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------X In re: [Insert Caption], Chapter [Insert Chapter No.] Case No. [Insert Case No.]-jmm Debtor. ---------------------------------------------------------X ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY [AND THE CODEBTOR STAY]AND IN REM RELIEF Upon the motion [ECF No. ___] (the “Motion”) of [Name of Movant] (“Movant”), for relief from the automatic stay and in rem relief with respect to [Address of Real Property] (the “Collateral”) [and for relief from the codebtor stay with respect to [Name of Co- Debtor] (the “Co-Debtor”)]and a hearing on the Motion having been held on [Date]; and good and sufficient notice of the Motion and the hearing having been given; and objections, if any, having been overruled, withdrawn or resolved, and good cause appearing therefor, it is ORDERED, that the automatic stay in effect pursuant to 11 U.S.C. § 362(a), is modified pursuant to 11 U.S.C. § 362(d)(__) to permit Movant, its agents, assigns, or successors in interest, to exercise their rights and remedies available under applicable law as to the Collateral; and it is further [ORDERED, that the automatic stay in effect pursuant to 11 U.S.C. § 1301(a) is modified pursuant to 11 U.S.C. § 1301(c)(__) to permit Movant, its agents, assigns, or successors in interest, to exercise their rights and remedies available under applicable law as to the Co- Debtor; and it is further] ORDERED, within thirty (30) days of any sale or disposition of the Collateral, the Movant shall serve a copy of the report of sale or disposition of the Collateral on the above- captioned debtor, debtor’s counsel, [and the case trustee]. Any surplus proceeds realized from the sale or other disposition of the Collateral shall be remitted to the [case trustee OR debtor]; and it is further ORDERED, pursuant to 11 U.S.C. § 362(d)(4), if recorded in compliance with applicable State laws governing notices of interests or liens in real property, this Order shall be binding in any other bankruptcy case purporting to affect the Collateral that is commenced not later than two (2) years after the date of entry of this Order; except that a debtor in a subsequent bankruptcy case may move for relief from this Order based upon changed circumstances or for good cause shown, after notice and a hearing; and it is further ORDERED, that all other relief requested in the Motion is denied.

=== Order Awarding Final Compensation and Reimbursement of Expenses in Chapter 11 Case ===

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK In re: [Insert Case Caption], Debtor. x x Chapter 11 Case No. [Insert Case No.] (JMM) ORDER GRANTING APPLICATION OF [NAME OF PROFESSIONAL], [ROLE IN CASE] FOR ALLOWANCE OF FINAL COMPENSATION AND REIMBURSEMENT OF EXPENSES Upon the application dated [Date] of [Insert Name of Applicant] seeking an award of compensation and reimbursement of expenses for the period [Date] through [Date] (“Application”) [ECF No. ___]; and a hearing on the Application having been held on [Date] (“Hearing”); and good and sufficient notice of the Application and the Hearing having been provided; and objections, if any, having been overruled, withdrawn or resolved, and good cause appearing therefor, it is ORDERED, that the Application is granted to the extent provided in the attached Schedules. SCHEDULE A SUMMARY OF INTERIM APPLICATIONS Application ECF No. Fee Period Interim Fees Requested Interim Fees Awarded Holdback [20]% Expenses Requested Expenses Awarded Fees Paid Expenses Paid N/A N/A N/A CURRENT PERIOD PRIOR PERIODS TOTAL __/__/202_ to __/__/202_ __/__/202_ to __/__/202_ __/__/202_ to __/__/202_ __/__/202_ to __/__/202_ SCHEDULE B FINAL FEE APPLICATION Application ECF No. __ Period __/__/2-__ to __/__/20__ Final Fees Requested in Application Reductions to Fees1 Final Fees Awarded Fees Paid to Date Final Fees Due2 Final Expenses Requested in Application Reductions to Expenses1 Final Expenses Awarded Expenses Paid to Date Final Expenses Due 3 1 Inclusive of fees and expenses disallowed by the Court and voluntary or negotiated reductions made after Applicant filed the Application. 2 Applicant has $__________ of its retainer that shall be applied to Final Fees Due. 3 Applicant has $___________ of its retainer that shall be applied to Final Expenses Awarded.

=== Order Scheduling Confirmation Hearing in a Case Filed under Subchapter V ===

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------X In re: [Insert Caption], Debtor. ---------------------------------------------------------X Chapter 11 (Subchapter V) Case No. [Insert Case No.]-jmm ORDER SCHEDULING HEARING ON CONFIRMATION OF SUBCHAPTER V PLAN OF REORGANIZATION AND FIXING DEADLINES FOR VOTING TO ACCEPT OR REJECT PLAN, OBJECTING TO PLAN, AND ELECTING TREATMENT UNDER BANKRUPTCY CODE SECTION 1111(b) Upon the Plan of Reorganization [ECF No. ___] (the “Plan”) for the above-captioned debtor and debtor in possession (the “Debtor”); it is ORDERED, that a hearing on Plan confirmation (the “Confirmation Hearing”) shall be held before the Honorable Jil Mazer-Marino, United States Bankruptcy Judge, United States Bankruptcy Court for the Eastern District of New York, 271-C Cadman Plaza East, Brooklyn, NY 11201 (the “Bankruptcy Court”) on [Date] at [Time] (prevailing Eastern time); and it is further ORDERED, that the Confirmation Hearing may be held in person, by phone, or by videoconference. Regardless of whether you intend to appear in person, by phone or by videoconference, those intending to appear at the Confirmation Hearing must register with eCourt Appearances no later than two (2) days prior to the Confirmation Hearing. The video link for the Confirmation Hearing will be emailed only to those that register with eCourt Appearances in advance of the Confirmation Hearing. Instructions for registering with eCourt Appearances can be found at https://www.nyeb.uscourts.gov/node/2126. If you do not have internet access or are otherwise unable to register with eCourt Appearances, you may call or email Judge Mazer- Marino’s courtroom deputy for instructions at (347) 394-1844, [email protected]; and it is further ORDERED, that objections, if any, to Plan confirmation shall be in writing and filed with the Clerk of the Bankruptcy Court by [Date] (the “Objection Deadline”). Objections to Plan confirmation shall be served so as to be received by the Objection Deadline by: (a) Counsel for the Debtor – [Name and Mailing Address]; (b) Subchapter V Trustee – [Name and Mailing Address]; (c) Office of the United States Trustee, Eastern District of New York – Brooklyn, Attn.: [Name]; and (d) all parties that have filed a notice of appearance and request for notice; and it is further ORDERED, for a ballot to be counted as accepting or rejecting the Plan, it must conform to Official Form B314 and be received by Debtor’s counsel by [Date] (the “Voting Deadline”). Ballots shall be mailed or emailed to: [Name, Address, Email]; and it is further ORDERED, a holder of a secured claim electing treatment of its claim as secured to the extent of the allowed amount of such claim, under Bankruptcy Code section 1111(b)(2), must file a notice of the election on the docket of this case by [Date] (the “1111(b) Election Deadline”); and it is further ORDERED, service by first class mail of the Plan, this Order, and a ballot conforming to Official Form B314, [and a notice substantially in the form annexed hereto] (the “Solicitation Package”) on (i) all creditors and parties in interest, (ii) all entities that have filed a notice of appearance and request for notice, (iii) the Subchapter V Trustee, and (iv) the Office of the United States Trustee by first class mail not later than [Date] shall constitute good and sufficient notice of the Plan, Confirmation Hearing, Objection Deadline, Voting Deadline, and 1111(b) Election Deadline; and it is further ORDERED, that Debtor’s counsel shall file proof of service of the Solicitation Package, certification of voting results, affirmation in support of confirmation, and a memorandum in support of confirmation and reply to any objections to confirmation on the docket of this case by [Date].

=== Order Pursuant to Rule 2004 ===

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------x In re: _________________________, ---------------------------------------------------------x Debtor. Chapter __ Case No.: __-_______-jmm ORDER PURSUANT TO RULE 2004 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE AUTHORIZING EXAMINATION Upon the motion [ECF. No. __] (the “Motion”) filed by [Name of Movant] (the “Movant”) pursuant to Bankruptcy Rule 2004, for an order authorizing the Movant to issue one or more subpoenas directing ____________ (the “Witness”) to produce documents and appear for examination as more fully set forth in the Motion; and this Court having jurisdiction to consider the Motion; and after due consideration and sufficient cause appearing therefore; it is ORDERED, that the Movant is authorized to issue one or more subpoenas to compel the production of documents from the Witness and to compel the Witness to appear for examination; and it is further ORDERED, that subject to agreement between the Movant and Witness, the Witness’s time to produce documents requested by, to object to, to move to quash, or to otherwise respond to, a subpoena issued pursuant to this Order shall be the time established by Rule 45 of the Federal Rules of Civil Procedure made applicable hereto by Bankruptcy Rule 9016.

=== Notice of Hearing ===

HEARING DATE AND TIME: OBJECTION DEADLINE: Chapter: Case No.: -jmm UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------x In re: -------------------------------------------------------x Debtor. NOTICE OF HEARING ON [Title of motion] PLEASE TAKE NOTICE that a hearing shall be held on [Date] at [Time] on the motion filed by [Name of movant] seeking [Description of relief requested] (the “Motion”) [ECF No. ]. The hearing shall be held before the Honorable Jil Mazer- Marino, United States Bankruptcy Judge, in Courtroom 3529 at the United States Bankruptcy Court for the Eastern District of New York, 271-C Cadman Plaza East, Brooklyn, New York 11201-1800. PLEASE TAKE FURTHER NOTICE that objections, if any, to the Motion must be in writing and filed with the Bankruptcy Court by [Date] (the “Objection Deadline”) through the Court’s electronic filing system. Instructions for electronically filing an objection can be found at www.nyeb.uscourts.gov. A copy of the objection must also be served, so as to be received by the Objection Deadline, on: _________________________. PLEASE TAKE FURTHER NOTICE, that you may appear at the hearing in person, by phone or by videoconference. Those intending to appear at the hearing must register with eCourt Appearances no later than two days prior to the hearing. The phone number or video link for the hearing will be emailed only to those that register with eCourt Appearances in advance of the hearing. Instructions for registering with eCourt Appearances can be found at https://www.nyeb.uscourts.gov/node/2126. If you do not have internet access or are otherwise unable to register with eCourt Appearances, you may call or email Judge Mazer-Marino’s courtroom deputy for instructions at (347) 394-1844 or [email protected]. PLEASE TAKE FURTHER NOTICE that the hearing on the Motion may be adjourned without notice other than an announcement at the hearing. Date: Brooklyn, New York Name of Law Firm Address Attorney’s name Phone Email Counsel for [Name of Party]

=== Notice of Hearing Chapter 13 Confirmation Calendar ===

HEARING DATE AND TIME: OBJECTION DEADLINE: Chapter: Case No.: -jmm UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------x In re: -------------------------------------------------------x Debtor. NOTICE OF HEARING ON [Title of motion] PLEASE TAKE NOTICE that a hearing shall be held on [Date] at [Time] on the motion filed by [Name of movant] seeking [Description of relief requested] (the “Motion”) [ECF No. ]. The hearing shall be held before the Honorable Jil Mazer- Marino, United States Bankruptcy Judge, in Courtroom 3529 at the United States Bankruptcy Court for the Eastern District of New York, 271-C Cadman Plaza East, Brooklyn, New York 11201-1800. PLEASE TAKE FURTHER NOTICE that objections, if any, to the Motion must be in writing and filed with the Bankruptcy Court by [Date] (the “Objection Deadline”) through the Court’s electronic filing system. Instructions for electronically filing an objection can be found at www.nyeb.uscourts.gov. A copy of the objection must also be served, so as to be received by the Objection Deadline, on: _________________________. PLEASE TAKE FURTHER NOTICE, that the hearing shall not be held in person but shall be conducted exclusively by phone or videoconference. Those intending to appear at the hearing must register with eCourt Appearances no later than two days prior to the hearing. The phone number or video link for the hearing will be emailed only to those that register with eCourt Appearances in advance of the hearing. Instructions for registering with eCourt Appearances can be found at https://www.nyeb.uscourts.gov/node/2126. If you do not have internet access or are otherwise unable to register with eCourt Appearances, you may call or email Judge Mazer-Marino’s courtroom deputy for instructions at (347) 394- 1844 or [email protected]. PLEASE TAKE FURTHER NOTICE that the hearing on the Motion may be adjourned without notice other than an announcement at the hearing. Date: Brooklyn, New York Name of Law Firm Address Attorney’s name Phone Email Counsel for [Name of Party]

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