Kansas Sample Letter for Motion to Dismiss in Referenced Bankruptcy

• Category: Letters - Legal - Motions
• State: Multi-State
• Control #: US-0114LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [United States Bankruptcy Court] [District Address] [City, State, ZIP] Re: [Case Reference Number] [Debtor Name] [Debtor's Address] [City, State, ZIP] Dear [Judge's Last Name], RE: MOTION TO DISMISS IN REFERENCED BANKRUPTCY CASE I hope this letter finds you well. I am writing to bring to your attention a matter of relevance regarding the referenced bankruptcy case filed by [Debtor Name]. As the opposing counsel in this case, I am submitting this motion to dismiss on behalf of the [Creditor Name], in accordance with the applicable bankruptcy laws and regulations. First and foremost, it is crucial to delineate the grounds on which this motion to dismiss is based. The following key issues must be addressed: 1. Failure to Comply with Bankruptcy Code Procedures: The debtor has failed to comply with certain procedural requirements as prescribed by the Bankruptcy Code. These procedural inaccuracies hinder the fair resolution of the case and, as such, warrant the dismissal of the bankruptcy filing. 2. Lack of Good Faith: The debtor's actions throughout the course of this bankruptcy case have demonstrated a lack of good faith. Such behavior on the part of the debtor undermines the integrity of the bankruptcy process and necessitates the dismissal of the case. 3. No Feasible Reorganization Plan: Despite the debtor's claim of intending to reorganize their financial affairs, they have failed to present a feasible and workable reorganization plan. The lack of a viable plan renders the continuation of this bankruptcy case pointless, as it is improbable that the debtor will be able to adhere to any proposed plan. Based on these grounds and in light of the evidence presented, the [Creditor Name] firmly believes that the dismissal of this bankruptcy case is the appropriate course of action. The interests of justice, fairness, and the efficient operation of the bankruptcy court all mandate such dismissal. In support of this motion, we have attached relevant exhibits and documents substantiating the aforementioned grounds. Furthermore, we request the court's permission to present additional evidence during the scheduled hearing to strengthen our case for dismissal. Upon careful consideration of the circumstances of this case, we kindly request you to expedite the scheduling of a hearing to address our motion to dismiss. We trust that the court will impartially evaluate the merit of our arguments and grant the relief sought thereby terminating this bankruptcy case. Thank you for your attention to this matter. We look forward to the court's prompt response to our motion. Should you require any additional information or clarification, please do not hesitate to contact me at [Phone Number] or via email at [Email Address]. Yours sincerely, [Your Name] [Your Law Firm Name] [Your Bar Association Number]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [United States Bankruptcy Court] [District Address] [City, State, ZIP] Re: [Case Reference Number] [Debtor Name] [Debtor's Address] [City, State, ZIP] Dear [Judge's Last Name], RE: MOTION TO DISMISS IN REFERENCED BANKRUPTCY CASE I hope this letter finds you well. I am writing to bring to your attention a matter of relevance regarding the referenced bankruptcy case filed by [Debtor Name]. As the opposing counsel in this case, I am submitting this motion to dismiss on behalf of the [Creditor Name], in accordance with the applicable bankruptcy laws and regulations. First and foremost, it is crucial to delineate the grounds on which this motion to dismiss is based. The following key issues must be addressed: 1. Failure to Comply with Bankruptcy Code Procedures: The debtor has failed to comply with certain procedural requirements as prescribed by the Bankruptcy Code. These procedural inaccuracies hinder the fair resolution of the case and, as such, warrant the dismissal of the bankruptcy filing. 2. Lack of Good Faith: The debtor's actions throughout the course of this bankruptcy case have demonstrated a lack of good faith. Such behavior on the part of the debtor undermines the integrity of the bankruptcy process and necessitates the dismissal of the case. 3. No Feasible Reorganization Plan: Despite the debtor's claim of intending to reorganize their financial affairs, they have failed to present a feasible and workable reorganization plan. The lack of a viable plan renders the continuation of this bankruptcy case pointless, as it is improbable that the debtor will be able to adhere to any proposed plan. Based on these grounds and in light of the evidence presented, the [Creditor Name] firmly believes that the dismissal of this bankruptcy case is the appropriate course of action. The interests of justice, fairness, and the efficient operation of the bankruptcy court all mandate such dismissal. In support of this motion, we have attached relevant exhibits and documents substantiating the aforementioned grounds. Furthermore, we request the court's permission to present additional evidence during the scheduled hearing to strengthen our case for dismissal. Upon careful consideration of the circumstances of this case, we kindly request you to expedite the scheduling of a hearing to address our motion to dismiss. We trust that the court will impartially evaluate the merit of our arguments and grant the relief sought thereby terminating this bankruptcy case. Thank you for your attention to this matter. We look forward to the court's prompt response to our motion. Should you require any additional information or clarification, please do not hesitate to contact me at [Phone Number] or via email at [Email Address]. Yours sincerely, [Your Name] [Your Law Firm Name] [Your Bar Association Number]