[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Designation] [Bankruptcy Court Name] [Bankruptcy Court Address] [City, State, ZIP Code] Re: Motion for Relief from Automatic Stay Hearing — Case No. [Case Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing to request a hearing on the Motion for Relief from Automatic Stay filed by the [Creditor's Name]. I represent the debtor in the above-mentioned bankruptcy case, and I intend to present my arguments and evidence in response to the creditor's motion. As you may be aware, North Dakota adheres to the procedures outlined in the Bankruptcy Code for granting or denying relief from the automatic stay. The creditor seeks relief under [relevant Bankruptcy Code section] contending [briefly mention creditor's argument]. To address the creditor's motion appropriately, it is imperative to schedule a hearing at the earliest convenience. I kindly request that the hearing be set within the next [timeframe, e.g., 30 days], allowing me adequate time to prepare and respond accordingly. During the hearing, I intend to present the following: 1. Grounds for Opposition: We will demonstrate that there are no compelling reasons for granting the relief sought. Our argument will focus on the undue hardship that would be placed on the debtor and other potential negative consequences. 2. Ability to Cure Arbitrages: We will provide documentation demonstrating the debtor's ability to bring the arbitrages current and maintain future payments. 3. Good Faith Efforts: We will present evidence of the debtor's good faith efforts to address the creditor's claims, including any negotiations or alternative solutions pursued. 4. Legal Precedents: We will cite applicable case law within North Dakota and other relevant jurisdictions to support our position and refute any arguments put forth by the creditor. Furthermore, I request permission to present witnesses and any supporting documentation at the hearing to substantiate our position. Please inform me of any specific requirements or limitations pertaining to the hearing process, such as time constraints or filing deadlines for documentary evidence. I anticipate the hearing will be crucial in resolving the creditor's motion for relief from the automatic stay. Therefore, I kindly request prompt consideration of this matter and an expeditious scheduling of the hearing. I am available at your convenience to discuss any further details or provide additional information required. Thank you for your attention to this matter. I look forward to your prompt response. Sincerely, [Your Name] [Your Attorney Designation, if applicable]
North Dakota Sample Letter for Hearing on Motion for Relief from Automatic Stay
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How to fill out Sample Letter For Hearing On Motion For Relief From Automatic Stay?
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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.
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.
A proof of claim is a form submitted by a creditor in order to receive money from a debtor who has filed for bankruptcy. The document provides notice of the claim to all of the other relevant parties involved in the bankruptcy, including the court, the debtor, and any other creditors.
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.
A borrower's pre-bankruptcy waiver of the automatic stay is more likely to be enforced if contained in a forbearance agreement or an agreement approved by the court in a previous bankruptcy case.
What Does "Post-Petition" Mean? Post-petition refers to anything that occurs after you've filed for bankruptcy. Conversely, the term ?pre-petition? is used to refer to anything that happened before you filed for bankruptcy. Only ?pre-petition? debts are dischargeable in bankruptcy.
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).
If the debtor is unable or unwilling to provide adequate protection to a secured creditor, there is sufficient cause for the court to order relief from the stay (§ 362(d)(1), Bankruptcy Code). The creditor can then foreclose on the collateral and realize an amount sufficient to recover the balance due on the debt.
