Tennessee 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.

Subject: Tennessee Sample Letter for Hearing on Motion for Relief from Automatic Stay Dear [Recipient's Name], I am writing to provide you with a detailed description and a Tennessee sample letter for a hearing on a Motion for Relief from Automatic Stay. The automatic stay is a legal provision that halts all collection actions against the debtor upon the filing of bankruptcy. However, creditors may file a motion for relief from the automatic stay to request permission from the court to resume their collection efforts. In Tennessee, there are different types of motions for relief from automatic stay that may be filed: 1. Motion for Relief from Automatic Stay — Personal Property: This motion is typically filed when a creditor seeks to recover personal property, such as vehicles or household items, that serve as collateral for a debt. The creditor must demonstrate that the debtor has failed to make timely payments or that the property is at risk of being damaged, lost, or significantly depreciated. 2. Motion for Relief from Automatic Stay — Real Property: This type of motion is applicable when a creditor wants to proceed with foreclosure or repossess real property, such as a home or land, securing a debt. The creditor must provide a valid reason for the court to grant relief, such as missed mortgage payments or evidence of the debtor's inability to maintain the property. 3. Motion for Relief from Automatic Stay — Administrative: This motion is filed by a creditor who seeks permission from the court to collect certain administrative expenses incurred after the filing of bankruptcy but before the case's resolution. Examples include expenses related to insurance, property maintenance, or professional fees incurred by the debtor's estate during the bankruptcy process. Here is a sample template for a Tennessee letter to request a hearing on a Motion for Relief from Automatic Stay: [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address] [Date] [Recipient's Name] [Recipient's Position] [Bankruptcy Court's Name] [Bankruptcy Court's Address] [City, State, ZIP Code] Re: Motion for Relief from Automatic Stay [Case Number] Dear [Recipient's Name], I am writing to request a hearing on the Motion for Relief from Automatic Stay filed by [Creditor's Name] in the above-mentioned case. I, [Your Name], am the debtor in this bankruptcy case. I acknowledge the creditor's concerns regarding [provide a brief summary of the creditor's claims or reasons for seeking relief]. However, I believe that allowing the motion for relief from automatic stay would significantly impact my ability to [mention any adverse consequences, such as securing alternative housing, finding employment, or maintaining familial stability]. I respectfully request the opportunity to present my case and defend against the motion for relief. I believe I can provide substantial evidence and arguments that demonstrate my capacity to fulfill the obligations and address the concerns raised by [Creditor's Name]. Furthermore, I am committed to exploring all possible resolutions to alleviate the creditor's concerns while safeguarding my interests. Please let me know the date, time, and procedure for the hearing to enable me to adequately prepare and present my case. I assure you of my full cooperation in resolving this matter. Thank you for your attention to this request, and I look forward to hearing from you soon. Sincerely, [Your Name] Remember to tailor the sample letter to your specific circumstances and consult with an attorney in Tennessee for accurate legal advice and guidance. Please note that this sample letter is for informational purposes only and should not be considered as legal advice.