Connecticut Sample Letter for Hearing on Motion for Relief from Automatic Stay

• Category: Letters - Legal - Bankruptcy
• State: Multi-State
• 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 Code] [Email Address] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, ZIP Code] Re: Hearing on Motion for Relief from Automatic Stay in [Case Number] Dear [Judge's Last Name], I am writing to request a hearing on the Motion for Relief from Automatic Stay filed by [Creditor's Name] in the above-mentioned case. I am the debtor in this case and would like the opportunity to present my responses and evidence opposing the requested relief. I believe that granting the motion would cause significant harm and prejudice to my interests. Furthermore, I respectfully request a hearing to be scheduled at the earliest possible date so that I may have the chance to express my concerns and objections. As per the Bankruptcy Code and rules of procedure, an oral hearing is of utmost importance to ensure a fair determination can be made regarding the requested relief. The following are the key points I will address during the hearing: 1. Adequate Protection: I will argue that the automatic stay should remain in place in order to provide me with protection against any further actions by the creditor, while allowing me to work towards restructuring and resolving my financial affairs in accordance with the bankruptcy laws. 2. Exceptional Circumstances: I will present evidence to demonstrate that there are exceptional circumstances present in this case, warranting the continuation of the automatic stay. These circumstances may include severe financial hardship, significant proposed modifications to my repayment plan, or any other factors that would prove detrimental consequences if the stay is lifted. 3. Good Faith Efforts: I will provide evidence of my good faith efforts to comply with the conditions outlined in my bankruptcy proceedings. This would include adherence to the repayment plan, timely submission of required documentation, and any other relevant steps taken to meet my obligations. 4. Impact on the Estate: I will argue that granting the requested relief from the automatic stay would negatively impact the bankruptcy estate and hinder the successful resolution of this case. I will demonstrate that the creditor's claims or actions are adequately protected by the current stay and that there is no need for further action. I kindly request that this hearing be scheduled in a timely manner to ensure fairness and expediency in resolving this matter. Furthermore, I am available on [provide your contact information] to discuss any scheduling concerns or to answer any questions that the court may have prior to the hearing. Thank you for your attention to this matter. I am confident that an oral hearing will allow the court to make an informed decision regarding the Motion for Relief from Automatic Stay filed by [Creditor's Name], and I look forward to presenting my case before you. Sincerely, [Your Name]