Oklahoma Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion

• Category: Letters - Legal - Bankruptcy
• State: Multi-State
• Control #: US-0190LTR
• 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 Code] [Date] [Debtor's Name] [Debtor's Address] [City, State ZIP Code] Re: Motion for Hardship Discharge and Notice of Motion Dear [Debtor's Name], I hope this letter finds you well. I am writing on behalf of [Your Company/Organization Name], the creditor in your bankruptcy case [Case Number], to respond to your recent motion for hardship discharge. Our company has carefully reviewed your motion and the supporting documents provided. We understand that circumstances can change, leading to hardships that make it difficult for you to fulfill your obligations as stated in the original bankruptcy plan. However, after evaluating the information provided, we would like to bring to your attention certain factors that must be taken into consideration before granting a hardship discharge. 1. Financial Documentation: It is essential that you provide detailed financial documentation, including recent bank statements, proof of income and expenses, and any other pertinent records that clearly demonstrate your current financial standing. These documents will assist us in evaluating the extent of your hardship and the feasibility of granting a hardship discharge. 2. Substantial Change of Circumstances: To be eligible for a hardship discharge, you must provide substantial evidence of an unforeseen change in your financial circumstances that has rendered you unable to complete the terms of the bankruptcy plan. This evidence should clearly demonstrate that your financial situation has significantly deteriorated since the approval of the original plan and that the change is beyond your control. 3. Good Faith Efforts: We would also like to emphasize the importance of your good faith efforts in attempting to meet the obligations set forth in the original bankruptcy plan. It is crucial to demonstrate that you have made every reasonable effort to fulfill your obligations before seeking a hardship discharge. Please be advised that according to the Bankruptcy Code [Section Name and Code], hardship discharges are exceptional remedies and are strictly evaluated by the court. If your motion is granted, it is important to note that not all debts may be discharged, and any remaining obligations might still need to be fulfilled. Attached to this letter, you will find a Notice of Motion, which outlines the hearing date and provides more detailed guidelines regarding the motion process. It is imperative that you review the document thoroughly and adhere to the specific instructions provided to ensure that your motion is considered by the court. Should you require any clarification or have any questions, please do not hesitate to contact our office. We appreciate your attention to this matter and look forward to a prompt resolution. Sincerely, [Your Name] [Your Title] [Your Company/Organization Name] [Contact Information] Enclosure: 1. Notice of Motion.

[Your Name] [Your Address] [City, State ZIP Code] [Date] [Debtor's Name] [Debtor's Address] [City, State ZIP Code] Re: Motion for Hardship Discharge and Notice of Motion Dear [Debtor's Name], I hope this letter finds you well. I am writing on behalf of [Your Company/Organization Name], the creditor in your bankruptcy case [Case Number], to respond to your recent motion for hardship discharge. Our company has carefully reviewed your motion and the supporting documents provided. We understand that circumstances can change, leading to hardships that make it difficult for you to fulfill your obligations as stated in the original bankruptcy plan. However, after evaluating the information provided, we would like to bring to your attention certain factors that must be taken into consideration before granting a hardship discharge. 1. Financial Documentation: It is essential that you provide detailed financial documentation, including recent bank statements, proof of income and expenses, and any other pertinent records that clearly demonstrate your current financial standing. These documents will assist us in evaluating the extent of your hardship and the feasibility of granting a hardship discharge. 2. Substantial Change of Circumstances: To be eligible for a hardship discharge, you must provide substantial evidence of an unforeseen change in your financial circumstances that has rendered you unable to complete the terms of the bankruptcy plan. This evidence should clearly demonstrate that your financial situation has significantly deteriorated since the approval of the original plan and that the change is beyond your control. 3. Good Faith Efforts: We would also like to emphasize the importance of your good faith efforts in attempting to meet the obligations set forth in the original bankruptcy plan. It is crucial to demonstrate that you have made every reasonable effort to fulfill your obligations before seeking a hardship discharge. Please be advised that according to the Bankruptcy Code [Section Name and Code], hardship discharges are exceptional remedies and are strictly evaluated by the court. If your motion is granted, it is important to note that not all debts may be discharged, and any remaining obligations might still need to be fulfilled. Attached to this letter, you will find a Notice of Motion, which outlines the hearing date and provides more detailed guidelines regarding the motion process. It is imperative that you review the document thoroughly and adhere to the specific instructions provided to ensure that your motion is considered by the court. Should you require any clarification or have any questions, please do not hesitate to contact our office. We appreciate your attention to this matter and look forward to a prompt resolution. Sincerely, [Your Name] [Your Title] [Your Company/Organization Name] [Contact Information] Enclosure: 1. Notice of Motion.