You're viewing Docket Item 23 from the case Robert Edward Hayner. View the full docket and case details.

Download this document:


















Michael S. Sosnowski (State Bar #062859)

150 Carmelito Avenue, Suite 200
P.O. Box 2167
Monterey, California 93942-2167
Telephone: (831) 657-1240
Fax: (831) 657-1244


Attorney for Secured Creditor, Monterey County

Bank











UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA



ROBERT EDWARD HAYNER, dba
Cordbanc USA, dba BioBancUSA a
corporation, dba BioBancUSA, Corp. and
JANE E. HAYNER

Debtors.

Case No. 11-51102 CN

RS No. MSS - 001

Chapter 7

NOTICE OF MOTION FOR RELIEF
FROM AUTOMATIC STAY

Date: May 4, 2011
Time: 2:00 p.m.
Courtroom: 3070
280 S First Street San Jose, CA 95113












)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

TO: ALL INTERSTED PARTIES







NOTICE IS HEREBY GIVEN, that on May 4, 2011 at 2:00 p. m. before the Honorable

In re:



















1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

Charles Novack, Judge of the United States Bankruptcy Court, in Courtroom No. 3070 located at

22

280 South First Street, San Jose, California moving party, Monterey County Bank will move the

23

court for an order terminating the automatic stay provisions of 11 U.S.C. §362 in order to permit

24

moving party to exercise its lien enforcement rights under a commercial security agreement

25

described in the accompanying declaration of Linda Fernandez, and for attorneys’ fees incurred

26

herein or in the alternative for adequate protection.

27



This motion is made on the grounds that moving party’s loan is in default on moving party’s

28

NOTICE OF HEARING FOR
RELEIF FROM AUTOMATIC STAY



Case: 11-51102 Doc# 23 Filed: 04/07/11 Entered: 04/07/11 10:00:37 Page 1 of 2

1



1

2

3

4

5

6

7

8

9

loan. Moving Party also intends to seek adequate protection in the event the hearing on this motion

is continued including a requirement that debtors reinstate all past arrearages and make all current

payments.



Moving party seeks an Order terminating and vacating the Automatic Stay for all purposes

as it pertains to Moving Party’s enforcement of its commercial security agreement, including

marshaling, taking possession of and selling its personal property security without the requirement of

further notice except as required by the laws of the State of California.



Moving party also seeks attorney’s fees and costs incurred in bringing this Motion. Moving

party requests such fees pursuant to the promissory note and security agreements securing Moving

10

party’s claim or pursuant to 11 USC §506(b).

11



Moving Party also seeks an Order waiving the 10-day stay provided by Bankruptcy Rule

12

4001 (a)(3).

13



This Motion is based on these moving papers as well as the accompanying Declaration of

14

Linda Fernandez.

15



PLEASE TAKE NOTICE THAT IF YOU INTEND TO OPPOSE THE RELIEF SOUGHT

16

BY THIS MOTION YOU MUST EITHER APPEAR PERSONALLY OR HAVE YOUR

17

ATTORNEY APPEAR ON YOU BEHALF.

18




Dated: April 6, 2011












/s/Michael S. Sosnowski____________

Michael S. Sosnowski

Attorney for, Monterey County Bank

19

20

21

22

23

24

25

26

27

28

NOTICE OF HEARING FOR
RELEIF FROM AUTOMATIC STAY



Case: 11-51102 Doc# 23 Filed: 04/07/11 Entered: 04/07/11 10:00:37 Page 2 of 2

2