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Get the free Debtor’s Motion Pursuant to Sections 105(a), 363, 1107 and 1108 of the Bankruptcy Code

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This document outlines the Debtor's request to continue administering insurance coverage and authorizing financial institutions to honor related payments amidst a Chapter 11 bankruptcy.
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How to fill out Debtor’s Motion Pursuant to Sections 105(a), 363, 1107 and 1108 of the Bankruptcy Code

01
Begin by downloading the official form for Debtor’s Motion.
02
Enter the case number at the top of the motion form.
03
Specify the motion's title, clearly stating that it is a motion pursuant to Sections 105(a), 363, 1107, and 1108 of the Bankruptcy Code.
04
In the introductory paragraph, briefly describe the debtor’s circumstances and the purpose of the motion.
05
Fill out the statement of facts, outlining the background of the debtor and details relevant to the motion.
06
Include a section explaining the legal basis for the motion, citing the applicable sections of the Bankruptcy Code.
07
Clearly state the relief sought and any specific orders requested from the court.
08
Attach any supporting documents, such as affidavits or declarations, that bolster the motion.
09
Provide a notice of hearing section, including details of when and where the motion will be heard in court.
10
Sign and date the motion, ensuring to include your name and title if applicable.

Who needs Debtor’s Motion Pursuant to Sections 105(a), 363, 1107 and 1108 of the Bankruptcy Code?

01
Debtors in bankruptcy seeking court approval for specific actions.
02
Trustees or representatives managing the debtor's estate.
03
Creditors who may be affected by the motion being filed.
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Debtor’s Motion is a legal request made in bankruptcy court by a debtor seeking various forms of relief under the specified sections of the Bankruptcy Code, often related to the management and sale of the debtor's assets or the operation of the debtor's business during the bankruptcy process.
The debtor, typically the individual or entity that has filed for bankruptcy protection, is required to file the Debtor’s Motion in order to seek specific relief or approval from the court.
To fill out the motion, the debtor must provide detailed information including the relief being sought, the legal grounds for the request, a description of the assets involved, and any supporting documentation to justify the motion. It is usually structured formally and filed with the appropriate bankruptcy court.
The purpose of the Debtor’s Motion is to obtain court approval for specific actions that the debtor wishes to take, such as selling assets, using cash collateral, or continuing business operations, which are essential for the debtor's restructuring efforts during bankruptcy.
The motion must report information including the specific sections of the Bankruptcy Code being invoked, details of the transaction or activity proposed, evidence supporting the request, potential benefits to the estate, and any relevant dates or timelines.
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