Dear [Judge's Name], RE: Hearing on Motion for Relief from Automatic Stay I am writing to respectfully request a hearing on the Motion for Relief from Automatic Stay filed in the matter of [Case Name and Number]. This motion seeks permission from the court to terminate or modify the automatic stay in accordance with the provisions of the United States Bankruptcy Code, specifically [relevant section(s)]. The automatic stay, as mandated by the Bankruptcy Code, imposes a halt on any ongoing legal or collection efforts against the debtor upon the filing of a bankruptcy petition. However, the moving, [Creditor's Name], contends that relief from the automatic stay is warranted due to [reason(s) for motion]. We firmly believe that allowing the motion would not only protect the interests of the moving but also ensure a fair determination of the debtor's overall financial situation. Under the bankruptcy laws of the state of Kansas, multiple types of motions for relief from the automatic stay can be considered. These include: 1. Motion for Relief from Automatic Stay — Foreclosure: In situations where a debtor is in default on their mortgage payments, a mortgage lender may file this motion to seek permission to continue foreclosure proceedings or to proceed with the sale of the property. 2. Motion for Relief from Automatic Stay — Vehicle Repossession: If a debtor has fallen behind on their vehicle loan payments, the lender can request relief from the automatic stay to repossess the vehicle or to resume ongoing repossession efforts. 3. Motion for Relief from Automatic Stay — Eviction: Landlords who have initiated eviction proceedings against a debtor may file this motion to obtain permission to proceed with eviction and regain possession of the property. 4. Motion for Relief from Automatic Stay — Debt Collection: Creditors, such as credit card companies or collection agencies, can request relief from the automatic stay to resume collection activities against the debtor, including initiating or continuing legal actions related to outstanding debts. In the present case, [Creditor's Name] respectfully submits that grounds for relief from the automatic stay exist due to [provide specific details supporting the motion]. These reasons demonstrate the necessity of allowing [Creditor's Name] to continue their legal pursuit against the debtor. Therefore, we kindly request that the court schedule a hearing to review and consider the Motion for Relief from Automatic Stay. We believe that an evidentiary hearing will enable us to present the pertinent facts and legal arguments supporting our position, and allow the court to make an informed and fair decision. Enclosed with this letter, please find a proposed Order and Notice of Hearing for the court's consideration. We kindly request that the clerk assigns a hearing date convenient for all parties involved and provides notice to the debtor and their legal representative of the scheduled hearing. Thank you for your attention to this matter. Please do not hesitate to reach out if any further information or documentation is required. Sincerely, [Your Name] [Your Firm Name, if applicable] [Your Contact Information]
Kansas Sample Letter for Hearing on Motion for Relief from Automatic Stay
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How to fill out Kansas Sample Letter For Hearing On Motion For Relief From Automatic Stay?
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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).
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.
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.
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.
Filing a Motion and Setting a Hearing Date -- A Motion for Relief from the Automatic Stay is commenced by filing the appropriate motion and setting the motion for a hearing date. To file a Motion for Relief from the Automatic Stay, the Local Bankruptcy Rules require parties to use mandatory forms.
The most sought exceptions are actions by parties to securities contracts to close out open positions; eviction of a debtor by a landlord where the lease has been fully terminated prior to the bankruptcy filing; actions by taxing authorities to conduct tax audits, issue deficiency notices, demand tax returns and make ...
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.
