Hawaii Sample Letter: Answer to Motion for Relief from the Automatic Stay and Abandonment [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Bankruptcy Court Name] [Address] [City, State, ZIP] [Case Number] Re: Answer to Motion for Relief from the Automatic Stay and Abandonment Dear Honorable [Judge's Last Name], I am writing to submit this letter in response to the Motion for Relief from the Automatic Stay and Abandonment filed by [Creditor's Name] in the above-mentioned bankruptcy case. I respectfully request that this court denies the said motion as it is unsupported by valid reasons and fails to meet the necessary legal standards for approval. Introduction: State in clear and concise terms that you are the debtor/respondent in the case, and you are submitting this response to address the Motion for Relief from the Automatic Stay and Abandonment filed by the creditor. Background: Briefly explain the relevant background of your bankruptcy case, highlighting the key events and the filing of the motion for relief from the automatic stay and abandonment. Provide essential details such as when the motion was filed, the creditor's basis for filing the motion, and any relevant payments or actions you have taken regarding the creditor's claim. Statement of Opposition: Clearly state that you oppose the creditor's motion for relief from the automatic stay and abandonment. This section should outline your reasons for the opposition, emphasizing any legal or factual inadequacy in the creditor's arguments, and how granting the motion would prejudice your rights as the debtor. Legal Analysis: Analyze the creditor's arguments and provide a well-reasoned response. Cite relevant bankruptcy laws, regulations, and previous court decisions to support your arguments. If there are specific elements or conditions that the creditor needs to meet to qualify for relief, demonstrate why they have failed to do so. Conclude this section by establishing that the creditor's motion is without merit and should be dismissed. Statement of Facts: Present a clear and chronological account of the facts pertinent to the motion. Carefully address and rebut any factual misrepresentations made by the creditor. If applicable, mention any attempts to resolve the matter outside of court, illustrating your willingness to cooperate and satisfy the creditor's claim. Request for Denial: Conclude your letter by formally requesting the court to deny the creditor's motion for relief from the automatic stay and abandonment. Reinforce your arguments supporting this request and highlight the potential adverse consequences that could result if the motion were granted. Conclusion: Close your letter by expressing your appreciation for the court's time and consideration. Provide your contact information and state your willingness to provide further documentation or participate in any hearings or conferences related to the motion. Sincerely, [Your Name] [Your Signature] Enclosures: — Copy of the Motion for Relief from the Automatic Stay and Abandonment — Any supporting documents or evidence related to your response
Hawaii Sample Letter regarding Answer to Motion for Relief from the Automatic Stay and Abandonment
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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.
What Does "Post-Petition" Mean? Post-petition refers to anything that occurs after you've filed for bankruptcy. Conversely, the term ?pre-petition? is used to refer to anything that happened before you filed for bankruptcy. Only ?pre-petition? debts are dischargeable in bankruptcy.
If the debtor is unable or unwilling to provide adequate protection to a secured creditor, there is sufficient cause for the court to order relief from the stay (§ 362(d)(1), Bankruptcy Code). The creditor can then foreclose on the collateral and realize an amount sufficient to recover the balance due on the debt.
Filing a Motion and Setting a Hearing Date -- A Motion for Relief from the Automatic Stay is commenced by filing the appropriate motion and setting the motion for a hearing date. To file a Motion for Relief from the Automatic Stay, the Local Bankruptcy Rules require parties to use mandatory forms.
Creditors Obtaining Relief From the Automatic Stay -- If a creditor properly files and serves a Motion for Relief from the Automatic Stay, and a bankruptcy judge grants the Motion, the Automatic Stay will either be removed or modified so that the creditor can resume collection efforts against the debtor.
A proof of claim is a form submitted by a creditor in order to receive money from a debtor who has filed for bankruptcy. The document provides notice of the claim to all of the other relevant parties involved in the bankruptcy, including the court, the debtor, and any other creditors.
Two main methods exist for fighting a motion for relief from automatic stay. These types are ?procedural? and ?substantive? objections. Basically, procedural objections challenge the manner in which the motion was filed, while substantive objections challenge the actual substance of the motion.
A motion for relief from the automatic stay is a creditor's way of asking the court for permission to eg. foreclose on a house or repossess a car. As soon as any type of bankruptcy is filed, an injunction called the automatic stay comes into place.
