Puerto Rico Sample Letter for Hearing on Motion for Relief from Automatic Stay

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Multi-State
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US-0188LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.

Puerto Rico Sample Letter for Hearing on Motion for Relief from Automatic Stay [Your Name] [Your Address] [City, State, Zip] [Date] [Recipient's Name] [Recipient's Title] [Law Firm/Company Name] [Law Firm/Company Address] [City, State, Zip] Subject: Request for Hearing on Motion for Relief from Automatic Stay in Puerto Rico 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 in the United States Bankruptcy Court for the District of Puerto Rico. As the Debtor in the case, I kindly request your attention to this matter in order to prevent any further delay or complications. Motion for Relief from Automatic Stay: As you may know, an automatic stay is a crucial provision in bankruptcy law that provides debtors with temporary protection from any collection efforts or legal actions by creditors. I fully understand the significance of the automatic stay; however, I believe that granting relief from the stay will be in the best interest of all parties involved due to the following reasons: 1. Adequate Protection: Providing relief from the automatic stay will allow the secured creditor to protect their interests by taking necessary measures to preserve the value of their collateral or property. 2. Lack of Feasible Reorganization Plan: Despite my sincere efforts, it has become evident that reorganizing my finances and repaying the debts within the constraints of the current bankruptcy proceedings is not feasible. Granting relief will enable the creditor to pursue alternate remedies that may effectively establish a path towards resolving my financial obligations. 3. Interest of Unsecured Creditors: Granting relief to the secured creditor will also safeguard the interests of the unsecured creditors. By allowing the secured creditor to proceed with necessary actions, potential value preservation and asset recovery can improve the overall pool of available resources for distribution among the unsecured creditors. Type of Hearing Requested: Considering the complexities and potential implications of this motion, I kindly request a hearing before the United States Bankruptcy Court for the District of Puerto Rico. A hearing will provide an opportunity for all parties to present their arguments and allow the Court to make an informed decision based on the given facts and circumstances. Enclosed Documents: To support my request, I have enclosed the following documents for your reference: 1. Copy of the Motion for Relief from Automatic Stay; 2. Detailed financial statements highlighting the current state of affairs; 3. Documentation substantiating the lack of feasible reorganization plan; 4. Evidence of the secured creditor's interest and collateral value. I trust that these documents will provide a comprehensive overview of the situation, allowing you to better understand the reasoning behind my request for relief from the automatic stay. I kindly request your prompt attention to this matter and your assistance in scheduling a hearing at the earliest possible date. Please inform me of any additional documentation or information that might be required to move forward with this request. Thank you for your time and consideration. I look forward to your prompt response and a favorable resolution to this matter. Sincerely, [Your Name]

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FAQ

The board oversaw a bankruptcy process that culminated in March 2022, when a federal court confirmed a plan that reduced Puerto Rico's debt by 80%. Still, the work of putting the Commonwealth on a sustainable fiscal path remains incomplete.

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.

The Plan of Adjustment for the Commonwealth: Reduces the Commonwealth's total debt service payments (including COFINA senior bonds) by more than 60%, from $90.4 billion to $34.1 billion, saving Puerto Rico more than $50 billion in debt service payments.

The Modified Eighth Amended Title III Joint Plan of Adjustment of the Commonwealth of Puerto Rico, et al., created the Trust to hold and manage certain litigation claims that were transferred to the Trust and to distribute the proceeds of any such litigation to general unsecured creditors as provided for in the Plan.

The proposed Plan of Adjustment filed by the Oversight Board under PROMESA's Title III provides a framework to reduce the Commonwealth of Puerto Rico's debt to sustainable levels and is a milestone on Puerto Rico's path to exit bankruptcy.

The term ?commonwealth? was adopted by Puerto Rico as the official English designation of the body politic created by the constitution (the official Spanish title is ?estado libre asociado?), to define the status of that body as ?a state which is free of superior authority in the management of its own local affairs but ...

On January 18, 2022, Judge Laura Taylor Swain of the U.S. District Court for the District of Puerto Rico confirmed the Plan of Adjustment for the Commonwealth of Puerto Rico to restructure $33 billion of liabilities against the Commonwealth of Puerto Rico, the Public Building Authority (PBA), and the Employee ...

The automatic stay remains in effect until your case is closed. But, of course, it isn't always that simple. For Chapter 7, it's often the case that a stay will last the 3-5 months the court case is open. For Chapter 13, bankruptcy cases could take anywhere from 3-5 years.

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The court may commence a final hearing on a motion for authorization to use cash collateral no earlier than 14 days after service of the motion. If the motion ... This case is before the Court on the Amended Motion for Relief from Automatic Stay (the ... file a motion for relief from stay against property of the estate on ...May 16, 2013 — Respondent must file an answer to the motion for relief from stay within fourteen ... may be entered granting the relief requested in the motion ... Respondent must file an answer to the motion for relief from stay within ... for the hearing on the motion for relief from stay. A hearing will be held ... Feb 27, 2023 — This case is before the court upon ESJ Towers Condominium Homeowners Association. (hereinafter referred to as “ESJ HOA”) Urgent Motion for ... Nov 2, 2017 — (Sample Cover Page). (b) Contents. — A motion for a discretionary stay should state the complete case history and all relevant facts. It ... On July 13, 2010, a hearing was held regarding King Oil's motion relief from the automatic stay in which the court granted King Oil thirty (30) days to file a ... Feb 20, 2020 — there is no automatic stay to a motion to reopen or reconsider the BIA's prior dismissal of an appeal from an immigration judge's denial of ... On July 6, 2017, SBS filed a Motion for Relief form the Automatic Stay (Docket No. 79). SBS alleged that the stay should be lifted to continue the court ... Jul 21, 2022 — 1. Notice of Motion · 2. Certification of facts · 3. Memorandum · 4. Proposed Order · 5. Certification of Service · 6. A filing fee of $188.00.

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Puerto Rico Sample Letter for Hearing on Motion for Relief from Automatic Stay