Delaware Sample Letter for Priority Issue in Bankruptcy [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Designation/Court] [Bankruptcy Court Address] [City, State, ZIP] Subject: Priority Issue in Bankruptcy — [Case Number] Dear [Recipient's Name], I am writing to bring to your attention a priority issue that requires immediate consideration in the bankruptcy case mentioned above. As a creditor in this case, I believe that my claim should be classified as a priority claim based on the following grounds. [Type 1: Administrative Expense Priority] If your priority concern relates to administrative expenses incurred by your business in connection to the bankruptcy proceedings, you would include a detailed description here outlining the expenses, their relevance to the administration of the estate, and how they should be treated as a priority claim. Support your argument with relevant documents and facts. [Type 2: Employee Wage Priority] If your priority concern pertains to unpaid employee wages, you would stress the importance of wages in maintaining employee morale and their contribution to the restructuring process. Provide an account of unpaid wages, relevant pay periods, and supporting documentation to substantiate your request for priority treatment. [Type 3: Support Obligation Priority] If your priority concern involves a support obligation, such as child support or alimony, clearly state the pertinent legal requirements and the outstanding support due. Present any evidence necessary to support your position and emphasize the urgent need for priority status to ensure the well-being of the dependents involved. [Type 4: Tax Priority] Should your priority issue revolve around unpaid taxes, describe the nature of the tax debt, the applicable laws, and regulations, and explain why it should be considered a priority claim. Provide relevant documentation, such as tax assessments or notices, to bolster your argument. In light of the urgency and significance of this matter, I kindly request a prompt response to my concerns, indicating whether my claim will be classified as a priority claim. I am willing to provide any additional information or documentation required to support my position. Please note that I am aware of the provisions outlined in the Bankruptcy Code related to priority claims and the factors used to determine their validity. However, it is my belief that the circumstances of my claim meet the requirements for priority treatment, as substantiated within this letter. Thank you for your attention to this matter. I look forward to receiving your response within [specify a reasonable timeframe, e.g., 14 days]. Should you require any further information or clarification, please do not hesitate to contact me at the provided contact details. Yours faithfully, [Your Name]
Delaware Sample Letter for Priority Issue in Bankruptcy
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How to fill out Delaware Sample Letter For Priority Issue In Bankruptcy?
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FAQ
Key Elements to Include in the Letter It should include the name and contact information of the debtor, the date of the filing, the court where the bankruptcy was filed, the case number, and the type of bankruptcy filed. It should also provide information about the bankruptcy trustee and the meeting of creditors.
When you file for Chapter 7 bankruptcy, you will have to complete a form called the Statement of Intention for Individuals Filing Under Chapter 7. On this form, you tell the court whether you want to keep your secured and leased property?such as your car, boat, or home?or let it go back to the creditor.
How Long Does Chapter 13 Discharge Take? Discharging debt through Chapter 13 may take 6 to 8 weeks after the final payment is made on your 3 to 5-year repayment plan (whichever was approved by the bankruptcy court).
Whether the trustee can take money you receive after filing your case depends on whether you were entitled to the money at the time your case was filed and how it was listed on your forms, if at all.
The most common types of nondischargeable debts are certain types of tax claims, debts not set forth by the debtor on the lists and schedules the debtor must file with the court, debts for spousal or child support or alimony, debts for willful and malicious injuries to person or property, debts to governmental units ...
An individual receives a discharge for most of his or her debts in a chapter 7 bankruptcy case. A creditor may no longer initiate or continue any legal or other action against the debtor to collect a discharged debt. But not all of an individual's debts are discharged in chapter 7.
The means test requires disclosure of the debtor's income and expenses. If the debtor's current income is greater than the median in that region, then there is a ?presumption of abuse.? That, is the law presumes that the debtor can pay but is unwilling to do so.
Chapter 13 cases filed with an attorney already have only a 33% success rate; that number drops to a 2.3 % success rate without a lawyer. In fact, many bankruptcy trustees will tell you they have never seen a successful Chapter 13 case where a debtor was unrepresented.
