Dear [Judge's Name], I am writing to present my case for a Motion for Relief from Automatic Stay in the matter of [Case Number]. As the debtor in this case, I seek your attention and consideration as I explain the circumstances of this motion in the jurisdiction of Nassau County, New York. Nassau County, located in the state of New York, is home to a diverse community with its rich history, vibrant culture, and beautiful landscapes. Situated on Long Island, Nassau County is known for its prosperous economy, excellent educational institutions, and numerous recreational opportunities. With its proximity to New York City, Nassau County offers a unique blend of suburban tranquility and urban conveniences. Moving on to the core matter at hand, I would like to highlight the purpose of my motion for relief from the automatic stay. An automatic stay is a legal provision enacted upon the filing of a bankruptcy petition, restraining creditors from taking any collection actions against the debtor or their assets. However, certain circumstances may arise where the automatic stay may cause more harm than good. In the context of my case, the automatic stay has inadvertently impeded my ability to resolve specific financial issues that are crucial for my successful reorganization. I believe that granting relief from the automatic stay is essential to moving forward and achieving a fair outcome for all parties involved. It will allow me to address outstanding matters that require immediate attention and facilitate an effective resolution. Furthermore, I would like to provide the following supporting points to substantiate my request for relief from the automatic stay: 1. Justifiable cause: I am faced with circumstances that require prompt action to avoid further financial harm or protect my legal rights. By granting relief, the court would permit me to pursue necessary actions that are crucial for my financial stability. 2. No prejudice to creditors: My request for relief will not adversely affect the interests of my creditors, as it only intends to enable me to address specific issues that have a direct impact on the successful reorganization of my finances. 3. Good faith efforts: I have demonstrated consistent good faith efforts by diligently adhering to the requirements set forth by the bankruptcy laws and actively engaging with my creditors. In conclusion, I respectfully request the court's consideration of my motion for relief from the automatic stay in the aforementioned matter. I firmly believe that granting this relief will enable me to address critical financial matters and ultimately contribute to a more equitable resolution for all parties involved. Thank you for your time and attention to this matter. Sincerely, [Your Name]
Nassau New York Sample Letter for Hearing on Motion for Relief from Automatic Stay
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How to fill out Nassau New York Sample Letter For Hearing On Motion For Relief From Automatic Stay?
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FAQ
A motion for relief from the automatic stay is a creditor's way of asking the court for permission to eg. foreclose on a house or repossess a car. As soon as any type of bankruptcy is filed, an injunction called the automatic stay comes into place.
To obtain relief, the creditor must file a motion to request relief, which is usually done soon after the debtor files for bankruptcy. If grounds are shown for why the creditor should be granted a relief from stay, then notice must be sent to the relevant parties.
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.
A motion for relief from the automatic stay, also called a stay relief motion, is a request a creditor can submit to the bankruptcy court to ask for permission to take certain collection actions against the person who filed bankruptcy. Usually, you'll see these motions filed by secured creditors.
What is a motion for relief from the automatic stay? A motion for relief from the automatic stay, also called a stay relief motion, is a request a creditor can submit to the bankruptcy court to ask for permission to take certain collection actions against the person who filed bankruptcy.
Motion for Relief from Stay and Abandonment is one filed under the Bankruptcy code for conditioning, modifying or dissolving the automatic stay imposed by § 362 of the Bankruptcy Code and for abandonment of property under § 554 of the Bankruptcy Code.
Adequate Protection Compensates Secured Creditors for Postpetition Declines in the Value of Their Collateral. Derived from Fifth Amendment property protections under the due process clausecreditors cannot be deprived of their property without due process.
Usually, a creditor can get around the automatic stay by asking the bankruptcy court to remove ("lift") the stay. To avoid fines and penalties, the creditor must file a motion asking for permission to continue with collection efforts.
Order for relief refers to an actual court order determining that a debtor is subject to the control of the bankruptcy court. The Bankruptcy Code enables a debtor to obtain a discharge from all debts that arose before the date of the order for relief. A voluntary petition constitutes an order for relief.
