[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [District/Area] Court [District/Area] Address [City, State, ZIP Code] Re: Hearing on Motion for Relief from Automatic Stay Dear Judge [Judge's Last Name], I hope this letter finds you in good health. I am writing to formally request a hearing on the Motion for Relief from Automatic Stay, filed by [Creditor's Name], in the matter of [Case Name], case number [Case Number], pending before this [District/Area] Court. As the debtor in this case, I understand the importance of maintaining transparency and ensuring a fair resolution. Consequently, I am diligently following all prescribed procedures and guidelines to ensure comprehensive compliance throughout this legal process. I kindly request a hearing to address the Motion for Relief from Automatic Stay. I believe it to be essential to present my position and provide all relevant supporting documentation to contest the motion filed by [Creditor's Name]. Furthermore, I maintain that granting the motion would jeopardize my ability to retain possession of the property at stake and would impede my intent to use the automatic stay protection as intended by the Bankruptcy Code. In preparation for the hearing on the Motion for Relief from Automatic Stay, I have compiled a comprehensive list of arguments, supported by relevant evidence, to advocate for the denial of said motion. These arguments include: 1. Preservation of Property: I will present evidence showing the importance of the automatic stay protection in preserving property for the debtor and his/her dependents. This evidence will support the necessity for the continuation of the automatic stay to prevent immediate foreclosure or repossession. 2. Good Faith Effort: I will demonstrate that I have made a good faith effort to comply with my financial obligations and have taken measures to resolve any outstanding arrears or financial difficulties. This evidence will support my intention to fulfill all obligations and provide grounds for the court's trust in my capability to navigate through the bankruptcy process successfully. 3. Reorganization Plan: I will present a viable reorganization plan, detailing how I intend to address and resolve any financial challenges that led to the bankruptcy filing. This will outline my strategy for debt repayment and stabilization, ensuring the court's confidence in my ability to become financially solvent without sacrificing the property. 4. Prejudice to Creditors: I will highlight that granting relief from the automatic stay would result in potential bias or prejudice towards other creditors, as it may provide an unfair advantage to [Creditor's Name]. I will illustrate that maintaining the automatic stay aligns with the principles of equitable distribution and fair treatment among creditors. 5. Timeliness and Due Process: I will emphasize the importance of timely resolution in adherence to due process by seeking an expeditious hearing date. It is essential to promptly address this matter, as any delay could cause irreparable harm and impede the overall progress of the bankruptcy proceedings. In light of the foregoing, I respectfully request that Your Honor schedule a hearing to ensure a fair and equitable resolution regarding the Motion for Relief from Automatic Stay. I believe it is crucial to present my case comprehensively and provide the court with the opportunity to review all evidence and arguments. Please consider my request for a timely hearing date that would enable adequate preparation and ensure an efficient resolution of the matter. Thank you for your attention to this matter. I firmly believe that a fair hearing will allow for a just resolution, aligning with the principles of the District of Columbia judicial system. I appreciate your consideration of this request and look forward to the opportunity to present my arguments before the court. Yours sincerely, [Your Name]
District of Columbia Sample Letter for Hearing on Motion for Relief from Automatic Stay
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How to fill out District Of Columbia Sample Letter For Hearing On Motion For Relief From Automatic Stay?
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FAQ
A borrower's pre-bankruptcy waiver of the automatic stay is more likely to be enforced if contained in a forbearance agreement or an agreement approved by the court in a previous bankruptcy case.
Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property. Bankruptcy Code Section 362 discusses the Automatic Stay.
When it comes to filing Chapter 7 bankruptcy, debts incurred before filing are called pre-petition debts, that debtors are discharged from, whereas debts incurred after a filing are post-petition payments, which debtors still must pay on.
(c) Contents of motion; affidavits and declarations. (1) The motion must state the facts on which it is based and must contain a legal memorandum. If factual issues are contested, the court will not grant the contested relief unless admissible evidence is offered in support of the relief requested.
Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property.
The automatic stay generally remains in place until the discharge is entered. Once that happens, you're no longer responsible for the unsecured debts incurred before your Chapter 7 was filed. The permanent protection from creditors provided by the discharge is much stronger than the automatic stay.
The automatic stay remains in effect until your case is closed. But, of course, it isn't always that simple. For Chapter 7, it's often the case that a stay will last the 3-5 months the court case is open. For Chapter 13, bankruptcy cases could take anywhere from 3-5 years.
If you have been a debtor in two or more bankruptcy cases dismissed within the last year, no automatic stay goes into effect and no stay will go into effect unless and until: 1) you request by motion that the court enter an order extending the stay; 2) the request is filed with the bankruptcy court within 30 days of ...
