West Virginia Sample Letter for Hearing on Motion for Relief from Automatic Stay

• Category: Letters - Legal - Bankruptcy
• State: Multi-State
• Control #: US-0188LTR
• 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] [Name of Bankruptcy Court] [Address of Court] [City, State, ZIP] Re: [Case Number] Dear Honorable [Judge's Last Name], I am writing to request a hearing on behalf of [Your Name], the debtor in the aforementioned bankruptcy case, in accordance with Rule XXX of the [Applicable Bankruptcy Rule]. The purpose of this hearing is to seek relief from the automatic stay as established by Section XXX of the Bankruptcy Code. I. Case Background: Provide a brief overview of your bankruptcy case, including the Chapter under which it was filed and any relevant details pertaining to the automatic stay. This should include information such as the date of the initial petition, the type of debts involved, and any pending or anticipated actions by creditors. II. Relief Sought: Clearly state the specific relief you are seeking from the automatic stay. For example, you may be requesting permission to proceed with foreclosure proceedings on a property, repossess collateral, or initiate legal actions against a debtor. Be sure to include any supporting documentation or evidence if applicable. III. Good Cause: In this section, illustrate the reasons why you believe there is "good cause" for granting relief from the automatic stay. This could include demonstrating that continuing the stay would cause irreparable harm or substantial prejudice to you or others involved. Provide factual evidence, legal arguments, and any relevant case law to support your position. IV. Notice and Service: Address the issue of proper notice and service to all interested parties involved in the bankruptcy case, including the debtor, the debtor's attorney, the trustee, and any other affected creditors. State that you have sent a copy of this letter to each of these individuals or entities. If you have not done so already, include the Certificate of Service with this letter. V. Request for Hearing: Clearly indicate your request for a formal hearing to be scheduled at the earliest convenience of the court. Provide your availability for the proposed hearing dates, and request that the court schedule the hearing accordingly. Be sure to provide contact information for the court to confirm the hearing details once scheduled. VI. Conclusion: End the letter by thanking the court for its attention to this matter and express your willingness to cooperate fully throughout the proceedings. Provide your contact information once again, in case the court or any of the interested parties need to reach you. Thank you for considering this request for a hearing on the motion for relief from the automatic stay. I look forward to the court's prompt response and your fair consideration of the matter. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Name of Bankruptcy Court] [Address of Court] [City, State, ZIP] Re: [Case Number] Dear Honorable [Judge's Last Name], I am writing to request a hearing on behalf of [Your Name], the debtor in the aforementioned bankruptcy case, in accordance with Rule XXX of the [Applicable Bankruptcy Rule]. The purpose of this hearing is to seek relief from the automatic stay as established by Section XXX of the Bankruptcy Code. I. Case Background: Provide a brief overview of your bankruptcy case, including the Chapter under which it was filed and any relevant details pertaining to the automatic stay. This should include information such as the date of the initial petition, the type of debts involved, and any pending or anticipated actions by creditors. II. Relief Sought: Clearly state the specific relief you are seeking from the automatic stay. For example, you may be requesting permission to proceed with foreclosure proceedings on a property, repossess collateral, or initiate legal actions against a debtor. Be sure to include any supporting documentation or evidence if applicable. III. Good Cause: In this section, illustrate the reasons why you believe there is "good cause" for granting relief from the automatic stay. This could include demonstrating that continuing the stay would cause irreparable harm or substantial prejudice to you or others involved. Provide factual evidence, legal arguments, and any relevant case law to support your position. IV. Notice and Service: Address the issue of proper notice and service to all interested parties involved in the bankruptcy case, including the debtor, the debtor's attorney, the trustee, and any other affected creditors. State that you have sent a copy of this letter to each of these individuals or entities. If you have not done so already, include the Certificate of Service with this letter. V. Request for Hearing: Clearly indicate your request for a formal hearing to be scheduled at the earliest convenience of the court. Provide your availability for the proposed hearing dates, and request that the court schedule the hearing accordingly. Be sure to provide contact information for the court to confirm the hearing details once scheduled. VI. Conclusion: End the letter by thanking the court for its attention to this matter and express your willingness to cooperate fully throughout the proceedings. Provide your contact information once again, in case the court or any of the interested parties need to reach you. Thank you for considering this request for a hearing on the motion for relief from the automatic stay. I look forward to the court's prompt response and your fair consideration of the matter. Sincerely, [Your Name]