New Mexico 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] United States Bankruptcy Court District of New Mexico [Bankruptcy Court Address] [City, State, ZIP] Re: Chapter [Chapter Number] Bankruptcy Case No. [Case Number] In the Matter of: [Debtor's Full Name], Debtor To the Honorable [Judge's Name]: I, [Your Name], [Your Role/Representation] for [Your Client's Full Name], as the [Debtor/Creditor/Party in Interest], hereby submit this motion to dismiss the bankruptcy case referenced above, pursuant to [Bankruptcy Rule/Section Number] of the U.S. Bankruptcy Code. I. Summary of Facts and Background: Provide a concise overview of the case, including a reference to the relevant Chapter of the Bankruptcy Code under which the case was filed. Briefly mention the key events, such as the filing date, creditor disputes, or any other noteworthy circumstances that warrant dismissal. II. Legal Basis for Motion to Dismiss: A. Failure to Meet Requirements for Filing: Explain why the debtor fails to meet the requirements for bankruptcy relief under the specific Chapter referenced in the case. Cite relevant bankruptcy laws and regulations that support your argument, emphasizing any discrepancies or deficiencies in the debtor's petition, documentation, or financial records. B. Lack of Good Faith: Detail any evidence or circumstances suggesting that the debtor's bankruptcy filing was made in bad faith or as an abusive practice to manipulate the bankruptcy system. Refer to any suspicious activities, repeated filings, concealment of assets, or other indicators of misconduct that demonstrate the debtor's lack of good faith. C. Realization of Objective Outside of Bankruptcy: If applicable, provide evidence or arguments supporting the notion that the debtor can realistically achieve their financial objectives or resolve their debts outside the bankruptcy process. Include documentation such as settlement offers, proposed repayment plans, or evidence of alternative funding sources that would obviate the necessity for bankruptcy relief. III. Relief Requested: Specify the relief you seek from the court. In the case of a motion to dismiss, explicitly request the dismissal of the bankruptcy case referenced above. If you have any additional requests, such as the imposition of sanctions or any other remedies under the Bankruptcy Code, include them in this section. IV. Conclusion: Summarize your motion, reinforcing the reasons why the bankruptcy case should be dismissed. Conclude by expressing gratitude to the court for considering your motion and state your willingness to provide any further information or attend a hearing if required. Thank you for your attention to this matter. We trust that a dismissal of the referenced bankruptcy case is both legally appropriate and fair based on the presented evidence and arguments. Please do not hesitate to reach out if you require any additional information or if a hearing is scheduled. Respectfully submitted, [Your Name] [Your Role/Representation] [Contact Information] Keywords: New Mexico bankruptcy, motion to dismiss, bankruptcy case, Chapter [Chapter Number], bankruptcy relief, Bankruptcy Code, requirements for filing, good faith, abusive practice, dismissal, relief requested, sanctions, hearing.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] United States Bankruptcy Court District of New Mexico [Bankruptcy Court Address] [City, State, ZIP] Re: Chapter [Chapter Number] Bankruptcy Case No. [Case Number] In the Matter of: [Debtor's Full Name], Debtor To the Honorable [Judge's Name]: I, [Your Name], [Your Role/Representation] for [Your Client's Full Name], as the [Debtor/Creditor/Party in Interest], hereby submit this motion to dismiss the bankruptcy case referenced above, pursuant to [Bankruptcy Rule/Section Number] of the U.S. Bankruptcy Code. I. Summary of Facts and Background: Provide a concise overview of the case, including a reference to the relevant Chapter of the Bankruptcy Code under which the case was filed. Briefly mention the key events, such as the filing date, creditor disputes, or any other noteworthy circumstances that warrant dismissal. II. Legal Basis for Motion to Dismiss: A. Failure to Meet Requirements for Filing: Explain why the debtor fails to meet the requirements for bankruptcy relief under the specific Chapter referenced in the case. Cite relevant bankruptcy laws and regulations that support your argument, emphasizing any discrepancies or deficiencies in the debtor's petition, documentation, or financial records. B. Lack of Good Faith: Detail any evidence or circumstances suggesting that the debtor's bankruptcy filing was made in bad faith or as an abusive practice to manipulate the bankruptcy system. Refer to any suspicious activities, repeated filings, concealment of assets, or other indicators of misconduct that demonstrate the debtor's lack of good faith. C. Realization of Objective Outside of Bankruptcy: If applicable, provide evidence or arguments supporting the notion that the debtor can realistically achieve their financial objectives or resolve their debts outside the bankruptcy process. Include documentation such as settlement offers, proposed repayment plans, or evidence of alternative funding sources that would obviate the necessity for bankruptcy relief. III. Relief Requested: Specify the relief you seek from the court. In the case of a motion to dismiss, explicitly request the dismissal of the bankruptcy case referenced above. If you have any additional requests, such as the imposition of sanctions or any other remedies under the Bankruptcy Code, include them in this section. IV. Conclusion: Summarize your motion, reinforcing the reasons why the bankruptcy case should be dismissed. Conclude by expressing gratitude to the court for considering your motion and state your willingness to provide any further information or attend a hearing if required. Thank you for your attention to this matter. We trust that a dismissal of the referenced bankruptcy case is both legally appropriate and fair based on the presented evidence and arguments. Please do not hesitate to reach out if you require any additional information or if a hearing is scheduled. Respectfully submitted, [Your Name] [Your Role/Representation] [Contact Information] Keywords: New Mexico bankruptcy, motion to dismiss, bankruptcy case, Chapter [Chapter Number], bankruptcy relief, Bankruptcy Code, requirements for filing, good faith, abusive practice, dismissal, relief requested, sanctions, hearing.