[Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Title] [Bankruptcy Court Name] [Court Address] [City, State, Zip] Re: Case No. [Case Number] Honorable [Judge's Last Name], I am writing to request a hearing on the [date] on behalf of [Your Name], the debtor in the aforementioned bankruptcy case. We are seeking relief from the automatic stay pursuant to [Bankruptcy Code Section XXX] in order to [provide a brief summary of the purpose of the motion]. On [date], [creditor's name] filed a Motion for Relief from Automatic Stay [and/or Notice of Objection to Debtor's Claim of Exemptions] in this case, requesting that the court lift or modify the automatic stay provision in order to [provide creditor's reasons for seeking relief]. We respectfully submit this letter in response to their motion and accordingly request a hearing to contest their claims. Our objection is grounded in the following reasons: 1. [Provide a detailed explanation of the debtor's reasons for opposing the creditor's motion, substantiating each point with relevant facts and supporting documentation.] It is essential for the court to understand that [debtor's name] is committed to addressing its financial obligations and working towards a successful reorganization or discharge. Granting the creditor's motion will significantly impair the debtor's ability to [provide an explanation of the potential negative impact on the debtor's financial recovery]. Therefore, we kindly request that the court schedule a hearing to allow both parties to present their arguments and evidence in support of their respective positions. This will enable the court to carefully evaluate this matter and make an informed decision that aligns with the principles of fairness and equity under the relevant bankruptcy laws. We would appreciate if the court could promptly provide us with the scheduled hearing date and any additional information or requirements for the hearing process. As we understand the court's busy schedule, we are open to accommodating your preferred date and time without compromising our right to present our case. We are prepared to present witnesses, evidence, and legal arguments substantiating our position in the upcoming hearing. Additionally, we invite the court to consider all applicable factors and prior case precedents while assessing the motion for relief from the automatic stay. Thank you for your attention to this matter. We remain available to address any concerns or further details you may require. You're understanding and consideration of our request are greatly appreciated. Sincerely, [Your Name]
New Mexico Sample Letter for Hearing on Motion for Relief from Automatic Stay
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How to fill out New Mexico Sample Letter For Hearing On Motion For Relief From Automatic Stay?
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FAQ
Generally, the stay automatically terminates on the earliest of: The case being closed or dismissed. The time a discharge is granted or denied.
Key Takeaways. An automatic stay stops creditors from trying to collect debts from a debtor who has filed for bankruptcy until court proceedings are completed. Creditors, collection agencies, and others who violate the automatic stay can be sued by the debtor.
Definition: A motion to lift the stay is a request made by a party to the bankruptcy court to change the automatic bankruptcy stay. This allows the party to take action against the debtor or the debtor's property.
Motion for Relief from the Automatic Stay is a request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.
Notice of Stay of Proceedings (CM-180) Tells the court and the other side that a cause is paused (stayed) because another court case, such as bankruptcy, requires the pause.
