King Washington Sample Letter for Hearing on Motion for Relief from Automatic Stay

• Category: Letters - Legal - Bankruptcy
• State: Multi-State
• County: King
• 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] [Date] [Judge’s Name] [Bankruptcy Court Name] [Address] [City, State, ZIP] Subject: [Case Name and Number] — Sample Letter for Hearing on Motion for Relief from Automatic Stay Dear [Judge’s Last Name], I am writing this letter in response to the motion filed by the creditor, [Creditor's Name], seeking relief from the automatic stay provision of the bankruptcy code in the above-mentioned case. I represent the debtor in this matter, and I would like to present my arguments during the upcoming hearing. As you may be aware, the automatic stay is one of the fundamental protections provided under the bankruptcy law. It is designed to provide debtors with breathing space and protection from creditor actions while they work on restructuring their financial affairs. However, the bankruptcy code also recognizes that there may be circumstances where relief from the automatic stay is warranted. In this particular case, the motion for relief from the automatic stay is motivated by [provide a brief summary of creditor's reasons for seeking relief]. However, it is important to note that the debtor has diligently adhered to the requirements of their bankruptcy case and is actively working towards reorganizing their financial situation. Granting relief from the automatic stay would severely impact the debtor's ability to remain in control of their assets and hinder their progress towards financial stability. I respectfully argue against the motion for relief from the automatic stay due to the following reasons: 1. Good Faith Efforts: The debtor has shown sincere commitment and good faith efforts in complying with the bankruptcy process. They have adhered to all requirements and have made meaningful strides towards resolving their financial obligations. 2. Lack of Adequate Protection: Granting relief from the automatic stay without reasonable assurances of adequate protection would jeopardize the interests of the debtor. It could result in unnecessary foreclosure, loss of property, or other negative consequences for the debtor's economic rehabilitation. 3. Feasibility of Reorganization: The debtor's current financial circumstances allow for a feasible plan of reorganization. Granting the requested relief may hinder the debtor's ability to propose and execute their restructuring plan, which ultimately impacts their chances of successfully emerging from bankruptcy. Furthermore, I would like to highlight the fact that the creditor has not demonstrated any undue hardship or irreparable harm that would necessitate relief from the automatic stay. It is crucial to consider the best interests of the debtor and balance them against the rights of the creditor. In light of these arguments, I kindly request that the court denies the creditor's motion for relief from the automatic stay. By doing so, the debtor will be able to continue their efforts towards financial rehabilitation and achieving a fresh start. Thank you for your attention to this matter, and I look forward to presenting my case during the upcoming hearing. Please feel free to contact me if you require any additional information or documentation to support my position. Sincerely, [Your Name] [Your Bar Number] [Your Contact Information]

[Your Name] [Your Address] [City, State, ZIP] [Date] [Judge’s Name] [Bankruptcy Court Name] [Address] [City, State, ZIP] Subject: [Case Name and Number] — Sample Letter for Hearing on Motion for Relief from Automatic Stay Dear [Judge’s Last Name], I am writing this letter in response to the motion filed by the creditor, [Creditor's Name], seeking relief from the automatic stay provision of the bankruptcy code in the above-mentioned case. I represent the debtor in this matter, and I would like to present my arguments during the upcoming hearing. As you may be aware, the automatic stay is one of the fundamental protections provided under the bankruptcy law. It is designed to provide debtors with breathing space and protection from creditor actions while they work on restructuring their financial affairs. However, the bankruptcy code also recognizes that there may be circumstances where relief from the automatic stay is warranted. In this particular case, the motion for relief from the automatic stay is motivated by [provide a brief summary of creditor's reasons for seeking relief]. However, it is important to note that the debtor has diligently adhered to the requirements of their bankruptcy case and is actively working towards reorganizing their financial situation. Granting relief from the automatic stay would severely impact the debtor's ability to remain in control of their assets and hinder their progress towards financial stability. I respectfully argue against the motion for relief from the automatic stay due to the following reasons: 1. Good Faith Efforts: The debtor has shown sincere commitment and good faith efforts in complying with the bankruptcy process. They have adhered to all requirements and have made meaningful strides towards resolving their financial obligations. 2. Lack of Adequate Protection: Granting relief from the automatic stay without reasonable assurances of adequate protection would jeopardize the interests of the debtor. It could result in unnecessary foreclosure, loss of property, or other negative consequences for the debtor's economic rehabilitation. 3. Feasibility of Reorganization: The debtor's current financial circumstances allow for a feasible plan of reorganization. Granting the requested relief may hinder the debtor's ability to propose and execute their restructuring plan, which ultimately impacts their chances of successfully emerging from bankruptcy. Furthermore, I would like to highlight the fact that the creditor has not demonstrated any undue hardship or irreparable harm that would necessitate relief from the automatic stay. It is crucial to consider the best interests of the debtor and balance them against the rights of the creditor. In light of these arguments, I kindly request that the court denies the creditor's motion for relief from the automatic stay. By doing so, the debtor will be able to continue their efforts towards financial rehabilitation and achieving a fresh start. Thank you for your attention to this matter, and I look forward to presenting my case during the upcoming hearing. Please feel free to contact me if you require any additional information or documentation to support my position. Sincerely, [Your Name] [Your Bar Number] [Your Contact Information]