Missouri Sample Letter for Revised order to resolve Motion to Lift Stay

• Category: Letters - Legal - Motions
• State: Multi-State
• Control #: US-0813LTR
• 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] [Bankruptcy Court Clerk's Name] [Bankruptcy Court Name] [Bankruptcy Court Address] [City, State, ZIP] Re: Case No. [Case Number] [Your Name], Debtor [Relevant Creditor's Name], Creditor Dear [Bankruptcy Court Clerk's Name], I hope this letter finds you well. I am writing in regard to the aforementioned case number and motion, specifically the Motion to Lift the Automatic Stay filed by [Relevant Creditor's Name] on [Date of Filing Motion]. After careful consideration and consultation with my legal counsel, I hereby submit a revised order to resolve the Motion to Lift Stay. The revised order aims to address the creditor's concerns while still ensuring my rights as the debtor are protected within the confines of the bankruptcy laws set forth in the United States Bankruptcy Code. Please find below the revised order for your reference: ---------------------------------------------------------- [Insert Title or Heading: Revised Order to Resolve Motion to Lift Stay] On [Date of Hearing], the Court considered the Motion to Lift Stay filed by [Relevant Creditor's Name] (the "Creditor") and objections thereto, as well as the debtor's response. The Court has jurisdiction over this matter pursuant to [Specify Relevant Bankruptcy Code Sections]. Having reviewed the arguments made by the Creditor and taking into account the debtor's response, the Court finds it appropriate to enter the following revised order: 1. The automatic stay, as provided in [Specify Bankruptcy Code Section], shall be temporarily lifted for a period of [Specify Timeframe] to allow the Creditor to pursue collection efforts solely with respect to the property identified as [Describe Relevant Property/Collateral]. 2. During the temporary stay lift period, the debtor shall have the option to propose a reaffirmation agreement with the Creditor regarding the indebtedness associated with the aforementioned property. The debtor shall submit the proposed reaffirmation agreement to the Creditor within [Specify Timeframe]. 3. If no reaffirmation agreement is proposed by the debtor within the given timeframe, or if the Creditor rejects the proposed reaffirmation agreement, the automatic stay shall be automatically reinstated upon the expiration of the temporary stay lift period. 4. The Creditor shall be prohibited from taking any action contrary to the Bankruptcy Code, including but not limited to harassing or coercive communication, until further order from this Court. 5. Any future motions or objections arising from this revised order shall be filed within [Specify Timeframe] of the date of this order. 6. This order shall become effective immediately upon entry. ---------------------------------------------------------- Please note that the above revised order is a proposed draft and should be reviewed and approved by the Court before applicable. I kindly request that you schedule a hearing to address this revised order and allow both parties the opportunity to present their arguments. Thank you for your attention to this matter. Should you require any additional information or documents, please do not hesitate to contact me at the provided phone number or email address. I anticipate your prompt response to proceed accordingly. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Bankruptcy Court Clerk's Name] [Bankruptcy Court Name] [Bankruptcy Court Address] [City, State, ZIP] Re: Case No. [Case Number] [Your Name], Debtor [Relevant Creditor's Name], Creditor Dear [Bankruptcy Court Clerk's Name], I hope this letter finds you well. I am writing in regard to the aforementioned case number and motion, specifically the Motion to Lift the Automatic Stay filed by [Relevant Creditor's Name] on [Date of Filing Motion]. After careful consideration and consultation with my legal counsel, I hereby submit a revised order to resolve the Motion to Lift Stay. The revised order aims to address the creditor's concerns while still ensuring my rights as the debtor are protected within the confines of the bankruptcy laws set forth in the United States Bankruptcy Code. Please find below the revised order for your reference: ---------------------------------------------------------- [Insert Title or Heading: Revised Order to Resolve Motion to Lift Stay] On [Date of Hearing], the Court considered the Motion to Lift Stay filed by [Relevant Creditor's Name] (the "Creditor") and objections thereto, as well as the debtor's response. The Court has jurisdiction over this matter pursuant to [Specify Relevant Bankruptcy Code Sections]. Having reviewed the arguments made by the Creditor and taking into account the debtor's response, the Court finds it appropriate to enter the following revised order: 1. The automatic stay, as provided in [Specify Bankruptcy Code Section], shall be temporarily lifted for a period of [Specify Timeframe] to allow the Creditor to pursue collection efforts solely with respect to the property identified as [Describe Relevant Property/Collateral]. 2. During the temporary stay lift period, the debtor shall have the option to propose a reaffirmation agreement with the Creditor regarding the indebtedness associated with the aforementioned property. The debtor shall submit the proposed reaffirmation agreement to the Creditor within [Specify Timeframe]. 3. If no reaffirmation agreement is proposed by the debtor within the given timeframe, or if the Creditor rejects the proposed reaffirmation agreement, the automatic stay shall be automatically reinstated upon the expiration of the temporary stay lift period. 4. The Creditor shall be prohibited from taking any action contrary to the Bankruptcy Code, including but not limited to harassing or coercive communication, until further order from this Court. 5. Any future motions or objections arising from this revised order shall be filed within [Specify Timeframe] of the date of this order. 6. This order shall become effective immediately upon entry. ---------------------------------------------------------- Please note that the above revised order is a proposed draft and should be reviewed and approved by the Court before applicable. I kindly request that you schedule a hearing to address this revised order and allow both parties the opportunity to present their arguments. Thank you for your attention to this matter. Should you require any additional information or documents, please do not hesitate to contact me at the provided phone number or email address. I anticipate your prompt response to proceed accordingly. Sincerely, [Your Name]