Queens New York Sample Letter for Hearing on Motion for Relief from Automatic Stay

• Category: Letters - Legal - Bankruptcy
• State: Multi-State
• County: Queens
• 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] [Judge's Designation] [Address of the Court] [City, State, Zip] Re: Motion for Relief from Automatic Stay [Case No.: _______] [Debtor's Name] [Debtor's Address] [City, State, Zip] Dear Honorable [Judge's Last Name], I am writing to submit this letter in support of the Motion for Relief from Automatic Stay filed by [creditor's name], in the aforementioned bankruptcy case involving [debtor's name]. As the legal representative for [creditor's name], I respectfully request a hearing to present our arguments and evidence in support of this motion. The purpose of this motion is to seek approval from the court to terminate the automatic stay provision that has been imposed upon [creditor's name] since the commencement of the debtor's bankruptcy proceedings. The automatic stay, as you are aware, is a fundamental aspect of bankruptcy law that halts any ongoing collection activities or legal proceedings against the debtor, providing them with a temporary shield from creditors' actions. However, it is critical to note that not all creditors should be prevented from pursuing legal remedies during the entirety of the bankruptcy process. In certain circumstances, granting relief from the automatic stay is both fair and necessary to protect the rights and interests of creditors. [Creditor's name] firmly believes that this is one such case and warrants the court's attention. The grounds for granting relief from the automatic stay in this case are as follows: 1. [Clearly state the reason or basis for seeking relief, e.g., Debtor has demonstrated a lack of good faith in moving forward with the bankruptcy proceedings, or continuing the stay would result in an irreparable harm to the creditor's interest] 2. [Provide supporting evidence or any pertinent documents to substantiate the claims made] 3. [Address any potential objections or counterarguments that the debtor may have in respect to the motion for relief] It is crucial to emphasize that granting relief from the automatic stay in this case will serve the interests of justice and fairness. [Creditor's name] has shown sufficient cause and the circumstances warrant termination of the automatic stay to preserve their rights to pursue legal remedies and protect their financial interests. Therefore, we kindly request a hearing on this matter to present our case before you. We are available to attend the hearing at a time and date convenient to the court. Your guidance regarding the scheduling of the hearing would be highly appreciated. Please find attached the necessary supporting documents, including the motion for relief and all relevant exhibits. These documents provide a comprehensive overview of our position and grounds for seeking relief from the automatic stay. Thank you for considering our request, and we trust that the court will give due diligence and weigh all the relevant factors in making a fair and impartial decision. We look forward to the opportunity to present our arguments and evidence before you in the upcoming hearing. Yours sincerely, [Your Name] [Your Title/Occupation] [Your Law Firm/Organization Name] [Your Contact Information]

[Your Name] [Your Address] [City, State, Zip] [Date] [Judge's Name] [Judge's Designation] [Address of the Court] [City, State, Zip] Re: Motion for Relief from Automatic Stay [Case No.: _______] [Debtor's Name] [Debtor's Address] [City, State, Zip] Dear Honorable [Judge's Last Name], I am writing to submit this letter in support of the Motion for Relief from Automatic Stay filed by [creditor's name], in the aforementioned bankruptcy case involving [debtor's name]. As the legal representative for [creditor's name], I respectfully request a hearing to present our arguments and evidence in support of this motion. The purpose of this motion is to seek approval from the court to terminate the automatic stay provision that has been imposed upon [creditor's name] since the commencement of the debtor's bankruptcy proceedings. The automatic stay, as you are aware, is a fundamental aspect of bankruptcy law that halts any ongoing collection activities or legal proceedings against the debtor, providing them with a temporary shield from creditors' actions. However, it is critical to note that not all creditors should be prevented from pursuing legal remedies during the entirety of the bankruptcy process. In certain circumstances, granting relief from the automatic stay is both fair and necessary to protect the rights and interests of creditors. [Creditor's name] firmly believes that this is one such case and warrants the court's attention. The grounds for granting relief from the automatic stay in this case are as follows: 1. [Clearly state the reason or basis for seeking relief, e.g., Debtor has demonstrated a lack of good faith in moving forward with the bankruptcy proceedings, or continuing the stay would result in an irreparable harm to the creditor's interest] 2. [Provide supporting evidence or any pertinent documents to substantiate the claims made] 3. [Address any potential objections or counterarguments that the debtor may have in respect to the motion for relief] It is crucial to emphasize that granting relief from the automatic stay in this case will serve the interests of justice and fairness. [Creditor's name] has shown sufficient cause and the circumstances warrant termination of the automatic stay to preserve their rights to pursue legal remedies and protect their financial interests. Therefore, we kindly request a hearing on this matter to present our case before you. We are available to attend the hearing at a time and date convenient to the court. Your guidance regarding the scheduling of the hearing would be highly appreciated. Please find attached the necessary supporting documents, including the motion for relief and all relevant exhibits. These documents provide a comprehensive overview of our position and grounds for seeking relief from the automatic stay. Thank you for considering our request, and we trust that the court will give due diligence and weigh all the relevant factors in making a fair and impartial decision. We look forward to the opportunity to present our arguments and evidence before you in the upcoming hearing. Yours sincerely, [Your Name] [Your Title/Occupation] [Your Law Firm/Organization Name] [Your Contact Information]