Oakland Michigan Sample Letter for Revised order to resolve Motion to Lift Stay

• Category: Letters - Legal - Motions
• State: Multi-State
• County: Oakland
• Control #: US-0813LTR
• 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 Code] [Email Address] [Phone Number] [Date] [Bankruptcy Court Clerk's Name] [Bankruptcy Court Address] [City, State, ZIP Code] Re: Revised Order to Resolve Motion to Lift Stay Case No: [Case Number] Chapter: [Chapter Number] Debtor: [Debtor's Name] Dear [Bankruptcy Court Clerk's Name], I hope this letter finds you well. I am writing regarding the above-mentioned case and the Motion to Lift Stay filed by the secured creditor, [Creditor's Name], in order to request a revised order to resolve the motion. I have carefully reviewed the motion along with the supporting documents provided by the creditor, and based on my analysis, I believe that the motion should be granted with certain amendments to adequately protect the interests of both the creditor and the debtor, as well as to ensure the smooth progression of the bankruptcy proceedings. Outlined below are the revisions and terms I propose to be included in the revised order: 1. Modification of Stay: The automatic stay shall be modified to allow [Creditor's Name] to proceed with the following specific actions related to the collateral securing their claim: a. [Specify actions, such as foreclosure, repossession, collection proceedings, etc.]. 2. Adequate Protection: To ensure the debtor's rights and provide adequate protection as required by bankruptcy laws, the following provisions must be incorporated: a. [Specify adequate protection provisions, such as cash collateral requirements, payments, periodic reports, insurance obligations, etc.]. 3. Notice and Cure Period: The debtor shall be provided with written notice of default and granted a reasonable cure period, not less than [number of days], to remedy any defaults with respect to the collateral or related obligations. 4. Preservation of Collateral: [Creditor's Name] shall undertake to maintain and preserve the collateral during the pendency of this motion, including all actions required to keep the collateral value intact. 5. Reporting Obligations: [Creditor's Name] shall be obligated to provide monthly status reports to the debtor and the court, including updates on any actions taken related to the collateral. In light of the proposed revisions, I kindly request that the court schedule a hearing in order to consider this motion and the revised order. I have enclosed a copy of the proposed revised order, which I urge the court to review and incorporate into the final order. Please let me know if there are any additional documents or information required by the court to proceed with this matter. Thank you for your attention to this request. I look forward to receiving further instructions from the court regarding the hearing date and any other necessary actions. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Bankruptcy Court Clerk's Name] [Bankruptcy Court Address] [City, State, ZIP Code] Re: Revised Order to Resolve Motion to Lift Stay Case No: [Case Number] Chapter: [Chapter Number] Debtor: [Debtor's Name] Dear [Bankruptcy Court Clerk's Name], I hope this letter finds you well. I am writing regarding the above-mentioned case and the Motion to Lift Stay filed by the secured creditor, [Creditor's Name], in order to request a revised order to resolve the motion. I have carefully reviewed the motion along with the supporting documents provided by the creditor, and based on my analysis, I believe that the motion should be granted with certain amendments to adequately protect the interests of both the creditor and the debtor, as well as to ensure the smooth progression of the bankruptcy proceedings. Outlined below are the revisions and terms I propose to be included in the revised order: 1. Modification of Stay: The automatic stay shall be modified to allow [Creditor's Name] to proceed with the following specific actions related to the collateral securing their claim: a. [Specify actions, such as foreclosure, repossession, collection proceedings, etc.]. 2. Adequate Protection: To ensure the debtor's rights and provide adequate protection as required by bankruptcy laws, the following provisions must be incorporated: a. [Specify adequate protection provisions, such as cash collateral requirements, payments, periodic reports, insurance obligations, etc.]. 3. Notice and Cure Period: The debtor shall be provided with written notice of default and granted a reasonable cure period, not less than [number of days], to remedy any defaults with respect to the collateral or related obligations. 4. Preservation of Collateral: [Creditor's Name] shall undertake to maintain and preserve the collateral during the pendency of this motion, including all actions required to keep the collateral value intact. 5. Reporting Obligations: [Creditor's Name] shall be obligated to provide monthly status reports to the debtor and the court, including updates on any actions taken related to the collateral. In light of the proposed revisions, I kindly request that the court schedule a hearing in order to consider this motion and the revised order. I have enclosed a copy of the proposed revised order, which I urge the court to review and incorporate into the final order. Please let me know if there are any additional documents or information required by the court to proceed with this matter. Thank you for your attention to this request. I look forward to receiving further instructions from the court regarding the hearing date and any other necessary actions. Sincerely, [Your Name]