Motion Relief Stay Bankruptcy by mwx67331

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									Your attorney name and bar number
Your attorney address
and telephone number




                          UNITED STATES BANKRUPTCY COURT
                           EASTERN DISTRICT OF CALIFORNIA
                                   FRESNO DIVISION

                                                             Case No.: xx-bk-xxxx
In re:

[DEBTORS NAME HERE],

                  Debtor.
_________________________/


                       DEBTOR'S OBJECTION TO MOTION FOR
                     RELIEF FROM STAY AND NOTICE OF HEARING

         COMES NOW, Debtor [Debtors name here], and objects to Citibank, N.A. As Trustee
for the Certificateholders of Structured Asset Mortgage Investments II Inc., SIX-SIX-SIX
Trust, Mortgage Pass-through Certificates Series 2004-8, by EMC Mortgage Corporation as
Attorney in Fact (creditor), Motion for Relief from Stay filed XX/XX/2010 as Court Docket
No. XX in the following described property:

         Lot 3111, as shown on the Map entitled “Lost Acres, Phase 1, Parcel 15, Unite 2”,
filed for record May 30, 2004, in Book “Y” of Maps, Page 1, commonly known as 8684 North
Recreation Avenue, Fresno, CA 93720, and as recorded in that Grant Deed filed in the Fresno
County Recorder's Office as document number 2004-0144331-00.

         The Debtor's objection to the stay lift motion is based upon the fact that while
Citibank, N.A. claims it is a secured creditor acting as trustee for the SIX-SIX-SIX Trust,
Mortgage Pass-Through Certificates Series 2004-8, it is not clear whether it has any authority
to bring the motion as the proper party with standing. Until the authority of Citibank, N.A.
As Trustee for the Certificateholders of Structured Asset Mortgage Investments II Inc., SIX-
SIX-SIX Trust, Mortgage Pass-through Certificates Series 2004-8 to bring such a motion is
clarified, the motion should be denied.

       Dated: February _____, 2010

                                                                  [your attorney name
                                                                  and address here]


                                    NOTICE OF HEARING


       TO ALL PARTIES OF INTEREST:

        PLEASE TAKE NOTICE that the Debtor will call up for hearing OBJECTION TO
MOTION FOR RELIEF FROM STAY AND NOTICE OF HEARING, before the above
entitled Court at the United States Courthouse, xxxx Street, Room XXXX, Fresno, CA
93721, on the _____ day of February, 2010, at the hour of _______ or as soon thereafter as
counsel may be heard.

       Your rights may be affected. You should read these papers carefully and discuss them
with your attorney, if you have one 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 the relief sought in the OBJECTION TO
MOTION FOR RELIEF FROM STAY AND NOTICE OF HEARING or if you want the
court to consider your views on the OBJECTION TO MOTION FOR RELIEF FROM STAY
AND NOTICE OF HEARING, then on or before the date of the hearing you or your attorney
must:

       If you mail your response to the court for filing, you must mail it early enough so
       the court will receive it on or before the time and date of the hearing stated above
       and a copy of your response must be mailed to the Trustee.

       U.S. Trustee
       Office of the U.S. Trustee
       2000 Tulare Street
       Fresno, CA 93721

       Or, you can attend the scheduled hearing and present your views or support your
       filed response at that time.

      If you or your attorney do not take these steps, the court may decide that you do not
oppose the relief sought in the OBJECTION TO MOTION FOR RELIEF FROM STAY AND
NOTICE OF HEARING and may enter an order granting that relief.
       Dated: February _____, 2010
                                                                  [your attorney name
                                                                  and address here]



                              CERTIFICATE OF SERVICE

       I HEREBY certify that on February ______, 2010, I electronically filed OBJECTION
TO MOTION FOR RELIEF FROM STAY AND NOTICE OF HEARING with the Clerk of
the Court using the CM/ECF system which sent a Notice of Electronic Filing to the
individuals with the term “ECF” noted next to their namee.

       [names and email addresses here]

I further certify that on the same date, I have served the foregoing document to the following
non-CM/ECF Registered Participant(s) in the manner indicated via United States Postal
Service, first class mail, postage prepaid:

       [names and addresses here]


       Dated: February _____, 2010
                                                                  [your attorney name
                                                                  and address here]

								
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