Arkansas Sample Letter for Hearing on Motion for Relief from Automatic Stay

• Category: Letters - Legal - Bankruptcy
• State: Multi-State
• Control #: US-0188LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. Dear [Judge's Name], I am writing to request a hearing on a Motion for Relief from Automatic Stay in the state of Arkansas. The purpose of this letter is to provide a detailed description of the matter at hand and demonstrate the need for lifting the automatic stay. [Your Name] v. [Debtor's Name and Case Number]: In this particular case, I represent [Your Name] as the creditor seeking relief from the automatic stay imposed under Section 362 of the Bankruptcy Code. The debtor, [Debtor's Name], filed a petition for bankruptcy on [Date], resulting in an automatic stay being imposed on all collection activities. As the total debt owed to my client exceeds EX, the automatic stay has caused significant financial hardship. Despite our previous attempts to resolve the matter, the debtor has failed to comply with repayment arrangements or provide any indication of the ability to satisfy the outstanding debt. In accordance with Section 362(d) of the Bankruptcy Code, relief from the automatic stay is warranted for the following reasons: 1. Lack of Adequate Protection: The debtor has failed to provide any adequate protection to my client's interests in the property that serves as collateral for the debt. This failure to assure my client's interests leaves them vulnerable to potential losses. 2. Lack of Equity in Property: The equity in the property, against which my client has a claim, is not sufficient to secure the debt. Continuing to be bound by the automatic stay prevents my client from accessing or preserving their rights to the available equity in the property. 3. No Reasonable Likelihood of Rehabilitation: There is no indication that the debtor will be able to reorganize or rehabilitate their financial situation. Despite being granted the protection of bankruptcy laws, the debtor has shown no progress in addressing their debts or improving their financial stability. Considering these circumstances, I kindly request a hearing on the Motion for Relief from Automatic Stay to present the evidence supporting our claim. This hearing will provide an opportunity to clarify my client's position and present relevant supporting documents, such as loan agreements, notices of default, and communication history with the debtor. I propose that the hearing be scheduled within a reasonable timeframe to limit any further financial hardship caused by the automatic stay. I am available for a hearing at your convenience and can provide all necessary documentations and evidence beforehand. Thank you for your attention to this matter. I look forward to your prompt response and the opportunity to present our case before the court. Yours faithfully, [Your Name] [Your Law Firm's Name] [Contact Information]

Dear [Judge's Name], I am writing to request a hearing on a Motion for Relief from Automatic Stay in the state of Arkansas. The purpose of this letter is to provide a detailed description of the matter at hand and demonstrate the need for lifting the automatic stay. [Your Name] v. [Debtor's Name and Case Number]: In this particular case, I represent [Your Name] as the creditor seeking relief from the automatic stay imposed under Section 362 of the Bankruptcy Code. The debtor, [Debtor's Name], filed a petition for bankruptcy on [Date], resulting in an automatic stay being imposed on all collection activities. As the total debt owed to my client exceeds EX, the automatic stay has caused significant financial hardship. Despite our previous attempts to resolve the matter, the debtor has failed to comply with repayment arrangements or provide any indication of the ability to satisfy the outstanding debt. In accordance with Section 362(d) of the Bankruptcy Code, relief from the automatic stay is warranted for the following reasons: 1. Lack of Adequate Protection: The debtor has failed to provide any adequate protection to my client's interests in the property that serves as collateral for the debt. This failure to assure my client's interests leaves them vulnerable to potential losses. 2. Lack of Equity in Property: The equity in the property, against which my client has a claim, is not sufficient to secure the debt. Continuing to be bound by the automatic stay prevents my client from accessing or preserving their rights to the available equity in the property. 3. No Reasonable Likelihood of Rehabilitation: There is no indication that the debtor will be able to reorganize or rehabilitate their financial situation. Despite being granted the protection of bankruptcy laws, the debtor has shown no progress in addressing their debts or improving their financial stability. Considering these circumstances, I kindly request a hearing on the Motion for Relief from Automatic Stay to present the evidence supporting our claim. This hearing will provide an opportunity to clarify my client's position and present relevant supporting documents, such as loan agreements, notices of default, and communication history with the debtor. I propose that the hearing be scheduled within a reasonable timeframe to limit any further financial hardship caused by the automatic stay. I am available for a hearing at your convenience and can provide all necessary documentations and evidence beforehand. Thank you for your attention to this matter. I look forward to your prompt response and the opportunity to present our case before the court. Yours faithfully, [Your Name] [Your Law Firm's Name] [Contact Information]