South Dakota Sample Letter for Hearing on Motion for Relief from Automatic Stay

• Category: Letters - Legal - Bankruptcy
• State: Multi-State
• Control #: US-0188LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Judge's Address] [City, State, ZIP Code] Re: Hearing on Motion for Relief from Automatic Stay in the Matter of [Debtor's Name], Case No. [Case Number] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to respectfully request a hearing on the Motion for Relief from Automatic Stay filed by [Creditor's Name], the party seeking relief from the automatic stay in the above-stated matter. I, [Your Name], represent [Creditor's Name] in this case and would like to bring forth substantial evidence and arguments in support of our motion. As the motion is of significant importance in expediting the resolution of this matter, I kindly request the prioritization of the hearing. The purpose of this letter is to provide a brief overview of the grounds on which the motion for relief from automatic stay is based. This will enable the court to evaluate the significance of the matter and determine a suitable hearing date. Grounds for the Motion for Relief from Automatic Stay: 1. Lack of Adequate Protection: [Creditor's Name] asserts that the automatic stay places their interests at risk without providing adequate protection. By lifting the automatic stay, [Creditor's Name] will be able to protect and preserve their rights and collateral. 2. Lack of Equity: The debtor's estate seems to lack equity in the affected property. The absence of equity further supports the need for relief from the automatic stay to prevent continued diminution of [Creditor's Name]'s security interest. 3. Lack of Feasible Reorganization Plan: [Creditor's Name] believes that the debtor lacks a feasible reorganization plan that can adequately address their obligations. Relief from the automatic stay will allow [Creditor's Name] to initiate foreclosure proceedings or pursue alternative remedies to recover their collateral. We understand the court's busy schedule and the importance of a seamless judicial process. Therefore, we propose two potential hearing dates, in order of preference, that would accommodate all parties involved: 1. Preferred Hearing Date: [Date], [Time] 2. Alternative Hearing Date: [Date], [Time] If these proposed dates do not align with the court's availability, we kindly request the court to assign a suitable hearing date and inform us at the earliest convenience to ensure timely preparation. Enclosed with this letter, please find the Motion for Relief from Automatic Stay, along with all supporting documents that substantiate [Creditor's Name]'s claims. These documents include, but are not limited to: — Affidavit ofAffinent's Name]: This affidavit outlines the facts and circumstances supporting our motion. — Financial Statements: Supporting financial documents to demonstrate the debtor's lack of feasibility in reorganizing their obligations. — Valuation Reports: These reports establish the absence of equity in the debtor's estate. We firmly believe that by holding a prompt and fair hearing on our Motion for Relief from Automatic Stay, the court will be able to make an informed decision that upholds the principles of justice and protects the rights of all parties involved. Thank you for considering this request, and we appreciate your attention to this matter. Should you require any further information or clarification, please do not hesitate to contact me at [Phone Number] or [Email Address]. We eagerly await your response and remain at your disposal. Yours sincerely, [Your Name] [Your Designation] [Law Firm Name]