Georgia Sample Letter for Hearing on Motion for Relief from Automatic Stay [Date] [Your Name] [Your Address] [City, State, Zip Code] [Phone Number] [Email Address] [Judge's Name] [Judge's Designation] [Courthouse Address] [City, State, Zip Code] Re: [Case Name or Number] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to request a hearing on a Motion for Relief from Automatic Stay in the above-mentioned case. As a party to this matter, I believe it is crucial to seek the court's resolution and guidance regarding the automatic stay. Introduction: The automatic stay is a fundamental provision of the bankruptcy law that goes into effect as soon as a bankruptcy petition is filed. It is designed to protect and benefit debtors, providing them with temporary relief from creditor actions such as collection efforts, lawsuits, and foreclosure procedures. However, creditors may still petition the court for "relief" from the automatic stay when justified circumstances exist. Background: [Provide a brief summary of the case, highlighting the relevant details and the specific reasons for seeking relief from the automatic stay. Emphasize the urgency, importance, and potential consequences if relief is not granted.] Reasons for Relief: [Enumerate and explain in detail the grounds for seeking relief from the automatic stay. For example, reasons could include debtor lacking funds to maintain collateral, debtor's inability to propose a reasonable repayment plan, or debtor's fraudulent actions and intentions.] Supporting Documents: [Include a list of all supporting documents enclosed with the letter. Examples may include affidavits, financial records, contracts, correspondence, or case law.] Hearing Request: I kindly request the court to schedule a hearing on the Motion for Relief from Automatic Stay at the earliest available date convenient for all parties involved. I believe that a hearing will allow for a fair examination of the facts and enable all parties to present their respective arguments before the court. I am available to provide further clarification or answer any questions as required. Conclusion: In conclusion, I appreciate your attention to this matter and respectfully request a timely hearing on the Motion for Relief from Automatic Stay. Please inform me in writing of the scheduled hearing date and any additional instructions or requirements. Thank you for your time and consideration. Sincerely, [Your Name]
Georgia Sample Letter for Hearing on Motion for Relief from Automatic Stay
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How to fill out Georgia Sample Letter For Hearing On Motion For Relief From Automatic Stay?
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FAQ
The automatic stay is an order that goes into place when you file for bankruptcy and stops most collection efforts. But the stay isn't absolute, and a creditor can ask the bankruptcy court to lift the automatic stay and allow collection efforts to resume. If successful, the creditor can continue pursuing its debt.
What is a Motion for Relief From Stay? A motion for relief from automatic stay, also known as a stay relief motion, is something a creditor requests from the bankruptcy court. They essentially ask the court for permission to continue certain collection actions against you.
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.
If a creditor ?willfully? violates the automatic stay and this violation injures an individual, the law requires the creditor to pay the individual actual damages, including costs and attorney fees, and may be required to pay punitive damages to punish this violation of the Bankruptcy Code. See 11 U.S.C. § 362(k).
Creditors must submit a written request to the bankruptcy court detailing why they request that the automatic stay be lifted, and they must include supporting documentation and evidence. The motion must also be served on all the parties involved in the case, including the debtor, giving them a chance to respond.
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.
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.
How Long Does the Automatic Stay Remain in Effect? Although the automatic stay provides immediate relief, it is temporary. The automatic stay generally remains in place until the discharge is entered. Once that happens, you're no longer responsible for the unsecured debts incurred before your Chapter 7 was filed.
