Title: Arizona Sample Letter for Hearing on Motion for Relief from Automatic Stay Introduction: In Arizona, when a debtor files for bankruptcy, an automatic stay goes into effect, halting most collection actions by creditors. However, creditors have the option to file a motion for relief from the automatic stay if they can demonstrate sufficient cause. This sample letter is designed to assist creditors in requesting a hearing on their motion for relief from the automatic stay in an Arizona bankruptcy case. Sample Letter Content: [Your Name] [Your Address] [City, State, Zip Code] [Date] [Bankruptcy Court Name] [Address] [City, State, Zip Code] Attention: Clerk of Court [Debtor's Name] [Debtor's Attorney's Name] [Debtor's Attorney's Address] [City, State, Zip Code] Re: Case No. [Bankruptcy Case Number] Subject: Request for Hearing on Motion for Relief from Automatic Stay Dear Clerk of Court, I am writing to request a hearing on my motion for relief from the automatic stay in the bankruptcy case referenced above. I represent [creditor's name], and I am seeking relief from the automatic stay to exercise our rights as a secured creditor. Background: Provide a brief summary of the debtor's bankruptcy case and the status of the automatic stay. Outline any relevant information about the debtor's financial situation and assets that demonstrate cause for requesting relief from the automatic stay. Emphasize any prior patterns of defaults or noncompliance to strengthen your case. Motion for Relief: Describe the reasons why you are seeking relief from the automatic stay, being specific and clear. Highlight any potential harm to your client's interests due to the automatic stay. Provide supporting evidence, such as loan agreements, collateral documentation, or recorded liens, to demonstrate your status as a secured creditor and the necessity for relief. Supporting Facts and Legal Basis: Cite applicable bankruptcy laws and regulations specific to Arizona that support your motion for relief. Mention relevant case precedents or legal interpretations. Elaborate on any documented attempts made to reach a resolution with the debtor or their legal representation, showing that alternative solutions have been explored before resorting to a motion for relief. Request for Hearing: State the exact relief you are requesting, such as a lifting or modification of the automatic stay, and specify a reasonable timeline in which the court should schedule the hearing. Include your contact information, including phone number and email address, for any additional questions or communications. Conclusion: Express appreciation for the court's attention to this matter. Reiterate the importance of granting the requested hearing and the underlying reasons to support your request. Attach any relevant documents or exhibits to strengthen your motion. Sincerely, [Your Name] [Your Title/Position] [Your Company Name] [Your Contact Information] Note: This sample letter is for informational purposes and should be adapted to fit the specific circumstances of the case. Consultation with legal professionals is strongly recommended ensuring compliance with Arizona bankruptcy laws and procedures.
Arizona Sample Letter for Hearing on Motion for Relief from Automatic Stay
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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. For Chapter 13, bankruptcy cases could take anywhere from 3-5 years.
Law enforcement The stay doesn't stop criminal prosecutions. Nor does it stop the enforcement of actions grounded in the public health and safety; that's called the government regulatory exemption.
When relief from stay is granted, it does not remove the property from the bankruptcy estate or grant the creditor ownership of the property. It simply removes the stay and restores the parties to their state law rights.
Creditors Obtaining Relief From the Automatic Stay -- If a creditor properly files and serves a Motion for Relief from the Automatic Stay, and a bankruptcy judge grants the Motion, the Automatic Stay will either be removed or modified so that the creditor can resume collection efforts against the debtor.
An order for relief invokes the automatic stay and brings down an iron curtain, separating the pre-bankruptcy from the post-bankruptcy debtor, creating a bankruptcy estate and prohibiting unauthorized transfers of the debtor's property.
Key Takeaways. An automatic stay stops creditors from trying to collect debts from a debtor who has filed for bankruptcy until court proceedings are completed. Creditors, collection agencies, and others who violate the automatic stay can be sued by the debtor.
