[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Bankruptcy Court Clerk] [Bankruptcy Court] [City, State, ZIP] Re: [Case Number] [Debtor's Full Name(s)] — Debtor(s) [Debtor's Address] [City, State, ZIP] [Chapter 7/Chapter 13/Chapter 11] Bankruptcy Case Dear Honorable [Judge's Last Name]: I am writing this letter in response to the [Creditor's Name]'s Motion for Relief from the Automatic Stay filed in the above-mentioned bankruptcy case. I am the debtor in this case, and I am writing to request a hearing to address this matter. I believe that the creditor's motion lacks merit and should be denied for the following reasons: 1. Compliance with Bankruptcy Code: The creditor has not shown sufficient grounds for relief under the Bankruptcy Code. They have failed to prove that their rights are being unfairly prejudiced or that the debtor has committed any substantial wrongdoing. 2. Adequate Protection: The debtor's payments under the proposed reorganization plan adequately protect the creditor's interests. I have been diligently making regular payments as per the bankruptcy court's order, ensuring the creditor receives due payments and is not unjustly harmed by the automatic stay. 3. Good Faith: The debtor has acted in good faith throughout the bankruptcy proceedings. I have diligently fulfilled all my obligations, including attending required courses, providing complete and accurate financial information, and cooperating with the trustee and court-appointed professionals. 4. Financial Hardship: Granting relief from the automatic stay would cause significant financial hardship for the debtor. If the creditor is allowed to pursue collection efforts outside the bankruptcy court, it may result in severe consequences, such as foreclosure on our family home or other assets necessary for our continued financial stability. I kindly request the Court to schedule a hearing on this matter so that I may present evidence and arguments in support of my position. I believe that a thorough review of the facts and circumstances will demonstrate the inequity and lack of merit in the creditor's motion. Please consider this request promptly, as granting relief from the automatic stay could have severe implications for my ability to successfully complete the bankruptcy process and obtain a fresh start. Thank you for your attention to this matter. I look forward to receiving the hearing date and further instructions from the Court. Sincerely, [Your Name]
North Carolina Sample Letter for Hearing on Motion for Relief from Automatic Stay
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How to fill out North Carolina Sample Letter For Hearing On Motion For Relief From Automatic Stay?
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FAQ
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.
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).
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.
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.
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.
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.
