THE UNITED STATES BANKRUPTCY COURT



THE UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF OHIO

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|IN RE: |) |CHAPTER 13 |

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|DEBTOR(S) NAME |) |CASE NO: XX-XXXXX |

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| |) |BANKRUPTCY JUDGE |

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| |) |MOTION & NOTICE FOR AUTHORITY TO PURCHASE VEHICLE/INCUR |

| |) |DEBT |

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Now comes the Debtor(s), by and through undersigned counsel, and hereby moves this Court for approval to purchase a vehicle.

1. The Debtor(s) filed a petition under Chapter 13 of Title 11 of the United States Code (“Bankruptcy Code”) on June 23. 2009.

2. The Court has jurisdiction over this matter pursuant to 28 USC Sections 157 and 1334. Venue is proper pursuant to 28 USC Sections 1408 and 1409. This is a core proceeding pursuant to 28 USC Section 157(b)(2).

3. The Debtor(s) seek authority to purchase a replacement vehicle with a monthly payment of approximately $400. The type of vehicle has not been determined. The Debtor(s) plan to purchase a vehicle through (Name of Auto Dealer) who will assist the Debtor(s) on securing financing on the vehicle. Debtor(s) lease with (Name of Lessor) has ended and Debtor(s) will no longer incur the lease expense listed on Schedule J. Additionally, without a vehicle Debtor(s) has been forced to rent a vehicle on a daily basis to transport to and from work. This vehicle is necessary to the maintenance and support of the Debtor(s) and for the success of Debtor(s) Chapter 13 plan. Further, Debtor(s) is paying 17% to unsecured creditors, are current on plan payments and the financing will not affect the Debtor(s) Chapter 13 plan.

WHEREFORE, Debtor(s) prays this Court for an order allowing him to finance a replacement vehicle pursuant to Title 11 USC § 102(1)(b)(i), unless a hearing is requested by a creditor or party in interest within twenty-one (21) days after notice hereof and for such other and further relief as the court deems just and proper herein.

Respectfully submitted,

_____________________________

Attorney Name

Ohio Reg. No.

Street Address

City, State, Zip

Phone:

Fax:

Email:

NOTICE

Pursuant to LBR 9013-3 Notice is hereby given that any response or objection must be filed within TWENTY-ONE (21) days, or such other time as specified by applicable Federal Rule of Bankruptcy Procedure or statute or as the Court may order, from the date of service set forth on the certificate of service, if relief sough is opposed, and that the Court is authorized to grant the relief requested without further notice unless a timely objection is filed.

THE UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF OHIO

| | | |

|IN RE: |) |CHAPTER 13 |

| |) | |

|DEBTOR(S) NAME |) |CASE NO: XX-XXXXX |

| |) | |

| |) | |

| |) |BANKRUPTCY JUDGE |

| | | |

Debtor(s) has filed paper with the Court to Purchase a Vehicle/Incur Debt.

Your rights may be affected. You should read these papers carefully and discuss them with your attorney. If you have on in this bankruptcy case. (If you do not have an attorney, you may wish to consult one).

If you do not want the Court to grant said Motion, or if you want the Court to consider your views on the Debtor(s) Chapter 13 plan then on or before (21 days from filing date of motion) you or your attorney must file with the Court a written request for a hearing and a written response explaining your position at :

US Bankruptcy Court

455 Federal Building

2 South Main Street

Akron, Ohio 44308

You must also mail a copy to:

Debtor(s) Attorney Chapter 13 Trustee

Attorney Name Keith L. Rucinski,

Attorney for Debtor(s) One Cascade Plaza, Suite 2020

Street Address Akron, Ohio 44308

City, State, Zip

If you or your attorney do not take these steps, the Court may decide that you do not oppose the relief sought and may enter an order granting that relief.

/s/ Attorney Name

DATED: December 20, 2010 Attorney Name (OHIO REG NO)

Attorney for Debtor(s)

CERTIFICATE OF SERVICE

I hereby certify on the 2nd day of July, 2010, a copy of the Motion for Authority to Purchase Vehicle/Incur Debt together with the Notice thereof, was sent via ECF electronic transmission and US mail, postage prepaid, as follows:

US Trustee (via ECF)

Keith L. Rucinski, Chapter 13 Trustee (via ECF)

Debtor Name (via US mail)

Address

City, State, Zip

All creditors listed on the Court’s mailing matrix and all claimants requesting service (via US mail)

/s/ Attorney Name

Attorney Name (Ohio Reg No)

Attorney for the Debtors

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