Sample Letter for Hearing on Motion for Relief from Automatic Stay in California: Date: [Date] [Your Name] [Your Address] [City, State, Zip Code] [Phone Number] [Email Address] [Recipient's Name] [Recipient's Title] [Bankruptcy Court Name] [Bankruptcy Court Address] [City, State, Zip Code] Subject: Hearing on Motion for Relief from Automatic Stay in Case No. [Case Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing to request a hearing on the Motion for Relief from Automatic Stay in the above-mentioned case. As per the bankruptcy regulations and guidelines, I hereby provide the necessary information and supporting documentation related to the motion. 1. Case Overview: — Case Name: [Case Name— - Case Number: [Case Number] — Filing Chapter: [Chapter Number— - Debtor(s): [Debtor's Name(s)] — Creditor(s): [Creditor's Name(s)] 2. Basis for Motion: In accordance with the provisions outlined in Section [Relevant Section Number] of the United States Bankruptcy Code, I, as the creditor, am I filing the Motion for Relief from Automatic Stay. The basis for this motion is detailed as follows: — [Describe the factual background and reasons justifying the need for relief from the automatic stay] — [Provide any supporting documentation for the motion, if applicable] 3. Notice of Motion and Hearing: I have served notice of motion to all relevant parties involved in the bankruptcy case, including the trustee, debtor(s), and any other interested parties as required by the court rules. The notice of motion includes the date, time, and location of the hearing, as well as a brief description of the purpose of the hearing. 4. Request for Hearing: I kindly request the court to schedule a hearing on the Motion for Relief from Automatic Stay at the earliest convenient date. I am available and prepared to attend the hearing to present my arguments and address any concerns or objections raised by the opposing parties. 5. Conclusion: Thank you for your attention to this matter. I trust that the court will carefully consider the motion and the supporting documentation provided. If there are any additional documents or information required, please do not hesitate to contact me. I am looking forward to the court's favorable decision on this motion. Yours sincerely, [Your Name]
California Sample Letter for Hearing on Motion for Relief from Automatic Stay
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How to fill out California Sample Letter For Hearing On Motion For Relief From Automatic Stay?
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FAQ
In most Chapter 13 Plans, the Debtor is required to make payments to their secured creditors outside the Plan. When these payments are not made, a secured creditor can file a Motion for Relief seeking relief from the Automatic Stay so they can take action against the collateral (i.e. your house or car).
A proof of claim is a form submitted by a creditor in order to receive money from a debtor who has filed for bankruptcy. The document provides notice of the claim to all of the other relevant parties involved in the bankruptcy, including the court, the debtor, and any other creditors.
Secured creditors like banks are going to get paid first. This is because their credit is secured by assets?typically ones that your business controls. Your plan and the courts may consider how integral the assets are that secure your loans to determine which secured creditors get paid first though.
The automatic stay protects the interests of both debtors and creditors. The primary purpose is to assist the debtor. From the debtor's perspective, it provides a breathing spell from the pressure and demands of creditors.
Chapter 13 cases can be filed for no money down because the attorney fees and court costs can be rolled into a 3-5 year repayment plan. While you're at it, you can also wipe away all of your other unsecured debt (credit cards, medical bills, payday loans, old collections, etc.).
In some situations, a creditor might file a motion to lift the automatic stay. This would allow them to resume collection actions. One situation would be if you were behind on your payments for a secured loan, such as a mortgage or car payment, and the loan amount was greater than the value of the home or car.
A secured creditor may obtain relief from the automatic stay for acts against property if both the: Debtor does not have equity in the property. Property is not necessary to an effective reorganization.
Two main methods exist for fighting a motion for relief from automatic stay. These types are ?procedural? and ?substantive? objections. Basically, procedural objections challenge the manner in which the motion was filed, while substantive objections challenge the actual substance of the motion.
