Sample Letter for Correspondence regarding Status of Agreed Relinquishment of Security and Right to Redeem, Motion to Lift Automatic Stay [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Motion to Lift Automatic Stay and Status of Agreed Relinquishment of Security and Right to Redeem Dear [Recipient's Name], I am writing to provide an update on the status of the agreed relinquishment of security and right to redeem, as well as to express my intention to file a Motion to Lift Automatic Stay in the matter of [case name or number]. I understand that our previous agreement, dated [agreement date], involved the relinquishment of a specified security in exchange for certain rights to redeem. As per the terms outlined in the agreement, I have fulfilled my obligations by [provide relevant details, e.g., making required payments, meeting specific conditions]. I hereby request a confirmation of receipt and acknowledgment of the fulfillment of my obligations under the agreed upon terms. It is crucial to be provided with a written statement stating that I have successfully relinquished the specified security and that I possess the right to redeem as per our agreement. Furthermore, I bring to your attention my intention to file a Motion to Lift Automatic Stay. After careful review and consultation with legal counsel, it has become apparent that this motion is necessary to address certain concerns and expedite the resolution of this matter. Upon acceptance of this letter, I will proceed with filing the motion with the appropriate court. I kindly request your prompt attention to this matter. Your acknowledgment of the fulfillment of my obligations and a written confirmation of the same, along with any relevant documentation, will greatly help in ensuring a smooth process going forward. Additionally, I request that you provide any specific instructions or requirements needed to proceed with the Motion to Lift Automatic Stay. Please be advised that I fully intend to protect my rights under the agreed upon terms and will take any necessary legal action to ensure a fair and just resolution in accordance with relevant laws and regulations. Thank you for your immediate attention to this correspondence. I kindly request a response within [reasonable timeframe, e.g., 10 business days]. Should you require any further information or clarification, please do not hesitate to contact me at the provided telephone number or email address. Yours sincerely, [Your Name]
Bronx New York Sample Letter for Correspondence regarding Status of Agreed Relinquishment of Security and Right to Redeem, Motion to Lift Automatic Stay and
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How to fill out Bronx New York Sample Letter For Correspondence Regarding Status Of Agreed Relinquishment Of Security And Right To Redeem, Motion To Lift Automatic Stay And?
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Domestic proceedings, such as dissolution of marriage, domestic violence, paternity actions and actions for domestic support or child custody or visitation actions. Withholding, suspension or restriction of a driver's license or recreational or occupational license for failure to pay support obligations.
How to Ask to Lift the Automatic Stay. The creditor must file a written motion with the court explaining the need to lift the stay. The burden is on the creditor to prove that good cause exists to lift the automatic stay. The creditor must also provide the debtor with notice of the motion and the hearing on the matter.
As mentioned before, the automatic stay ends when the discharge is entered because it's no longer necessary. There is another way for the automatic stay to end automatically and without the need for the creditor to file a motion with the court.
The automatic stay provides a period of time in which all judgments, collection activities, foreclosures, and repossessions of property are suspended and may not be pursued by the creditors on any debt or claim that arose before the filing of the bankruptcy petition.
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.
How Long Does an Automatic Stay Last? The automatic stay remains in effect until your case is closed. But, of course, it isn't always that simple. For Chapter 7, it's often the case that a stay will last the 3-5 months the court case is open.
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.
Failure to terminate debt collection activity already in motion when a bankruptcy is filed can lead to both automatic stay and discharge injunction violations. A penalized a judgment creditor that failed to terminate wage garnishment proceedings set in motion pre-bankruptcy.
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.
