Case No. 02-12404.United States Bankruptcy Court, M.D. Alabama.
September 22, 2005
ORDER
WILLIAM SAWYER, Bankruptcy Judge
This matter having come before the Court for hearing on the motion of Volvo Commercial Finance LLC The Americas, as assignee of Volvo and GMC Trucks of Birmingham, seeking relief from the automatic stay. Notice of said hearing was given and appearances were as noted in the record and the Court being advised by the parties that the Debtor shall provide proof of insurance on Movant’s collateral within 10 days of the date of this order.
ORDERED that the motion for relief from the automatic stay imposed by 11 U.S.C. § 362(a) be and it hereby is Conditionally Denied.
IT IS FURTHER ORDERED that the Debtor shall comply with his confirmed Chapter 13 plan, including the preference payment to the Movant. The Movant may amend its Proof of Claim to include the expenses of this proceeding, $350.00 attorneys fees and $150.00 filing fee, which shall be added to the Debtor’s plan and paid as fully secured prior to the completion of his Chapter 13 Plan;
FURTHER ORDERED that if the Debtor fails to provide timely proof of insurance or if there is a subsequent lapse of insurance coverage as called for in this Order and the Movant
Page 2
notifies the Debtor’s attorney of that lapse, then the Debtor shall have ten (10) days after such notice to file written evidence of replacement coverage or the automatic stay shall terminate without further hearing.
Page 1