Chapter 11 Proposed Order Approving Motion: Enforce the Automatic Stay (SDNY)
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About this template
This legal template pertains to a Chapter 11 bankruptcy case filed in the Southern District of New York (SDNY) under USA law. Specifically, the template addresses a motion seeking approval to enforce the automatic stay provision inherent in the Chapter 11 bankruptcy process.
Chapter 11 bankruptcy is a reorganization bankruptcy option usually employed by businesses facing financial distress. When a petition is filed, an automatic stay is initiated, temporarily halting all collection efforts, lawsuits, foreclosures, and other creditor actions against the debtor. The automatic stay serves to provide the debtor with some breathing space to develop a reorganization plan and negotiate with creditors.
In this context, the template serves as a proposed order seeking the court's approval to enforce the automatic stay, potentially against specific creditors or parties who might be in violation of the stay. The motion is filed by the debtor or their legal representative, requesting the court to issue an order directing creditors or other parties to cease any actions that would disrupt the bankruptcy process or infringe upon the rights protected by the automatic stay.
By using this template, the debtor's legal team seeks to provide the court with a proposed order outlining the details of the motion, supporting legal arguments, and requested relief. The order would generally specify the parties involved and require them to comply with the automatic stay provisions, thereby protecting the debtor's interests and facilitating an orderly reorganization process.
Overall, this legal template aids parties involved in a Chapter 11 bankruptcy case in obtaining a court-approved order to enforce the automatic stay provision and maintain the necessary legal protection during the reorganization proceedings.
This document is likely to be relevant to all sectors: Agriculture, Forestry and Fishing; Mining; Construction; Manufacturing; Transport; Energy; Wholesale; Retail; Finance; Insurance; Real Estate; Legal Services; Consumer, Public & Health Services; Education; Media; Consultancy; Technology; Public Administration; Sport & Entertainment; Other