Joel T. Marker
Darwin H. Bingham, #7810
SCALLEY READING BATES
HANSEN & RASMUSSEN, P.C.
Attorneys for Mountain America Federal Credit Union
CHAPTER 13
Judge
[FILED ELECTRONICALLY]
ORDER GRANTING MOUNTAIN AMERICA FEDERAL CREDIT UNION RELIEF FROM
THE AUTOMATIC STAYAS TO DEBTOR AND CO-DEBTOR
Mountain America Federal Credit Union's Motion for Relief from Automatic Stay as to Debtor and Co-Debtor (the "Motion") filed March 7, 2013, came before the Court for its consideration without appearances by any parties. Based upon the Motion, the failure of any party to timely file a written objection to the Motion, the other pleadings on file with the Court, and good cause appearing therefore:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
1. Notice of the Motion and of the hearing on the Motion was proper under the circumstances and is in compliance with applicable rules;
2. Mountain America Federal Credit Union is hereby granted relief from the automatic stay to exercise all of its legal and contractual remedies against the 2003 BMW 3, vehicle identification number WBAEU33433PM54990 (the "BMW"), identified in the Motion;
3. Mountain America Federal Credit Union is hereby granted relief from the automatic stay to exercise all of its legal and contractual remedies against Tracy W. Martin, the Co-Debtor, identified in the Motion;
4. Mountain America shall be required to amend its claim to provide for an unsecured deficiency on the BMW within 180 days after the order terminating the automatic stay is entered, or Mountain America's claim shall be deemed paid in full, and the Trustee will not be required to make any further distributions to Mountain America on its claim; and
5. The hearing on the Motion scheduled for Wednesday, April 10, 2013 at 9:00 a.m. is hereby stricken from the Court's calendar.
DESIGNATION OF PARTIES TO BE SERVED
Service of the foregoing O RDER G RANTING M OUNTAIN A MERICA F EDERAL C REDIT U NION R ELIEF FROM THE A UTOMATIC S TAY AS TO D EBTOR AND C O -D EBTOR shall be served to the parties and in the manner designated below: By Electric Service: I certify that the parties of record in this case as identified below, are registered CM/ECF users and will be served notice of entry of the foregoing Order through the CM/ECF system: • Kevin R. Anderson - kanderson@ch13kra.com; lneebling@ch13kra.com
• Spencer Park - spencer@olsenfamilylaw.net
• United States Trustee - USTPRegion19.SK.ECF@usdoj.gov
• Kent W. Plott - ecfmaildistgroup@lundbergfirm.com; lundbergbk@gmail.com
• Gale K. Francis - txbk@utah.gov
• Darwin H. Bingham - dbingham@scalleyreading.net; cat@scalleyreading.net
By U.S. Mail: In addition to the parties of record receiving notice through the CM/ECF system, the following parties should be served notice pursuant to Fed R. Civ. P. 5(b). Mary E. Martin
7078 Brittany Town Drive
West Jordan, Utah 84084
Tracy Martin
10097 Bell Canyon Road
Sandy, Utah 84092
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