[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Name of Bankruptcy Court] [Address of Court] [City, State, ZIP] Re: [Case Number] Dear Honorable [Judge's Last Name], I am writing to request a hearing on behalf of [Your Name], the debtor in the aforementioned bankruptcy case, in accordance with Rule XXX of the [Applicable Bankruptcy Rule]. The purpose of this hearing is to seek relief from the automatic stay as established by Section XXX of the Bankruptcy Code. I. Case Background: Provide a brief overview of your bankruptcy case, including the Chapter under which it was filed and any relevant details pertaining to the automatic stay. This should include information such as the date of the initial petition, the type of debts involved, and any pending or anticipated actions by creditors. II. Relief Sought: Clearly state the specific relief you are seeking from the automatic stay. For example, you may be requesting permission to proceed with foreclosure proceedings on a property, repossess collateral, or initiate legal actions against a debtor. Be sure to include any supporting documentation or evidence if applicable. III. Good Cause: In this section, illustrate the reasons why you believe there is "good cause" for granting relief from the automatic stay. This could include demonstrating that continuing the stay would cause irreparable harm or substantial prejudice to you or others involved. Provide factual evidence, legal arguments, and any relevant case law to support your position. IV. Notice and Service: Address the issue of proper notice and service to all interested parties involved in the bankruptcy case, including the debtor, the debtor's attorney, the trustee, and any other affected creditors. State that you have sent a copy of this letter to each of these individuals or entities. If you have not done so already, include the Certificate of Service with this letter. V. Request for Hearing: Clearly indicate your request for a formal hearing to be scheduled at the earliest convenience of the court. Provide your availability for the proposed hearing dates, and request that the court schedule the hearing accordingly. Be sure to provide contact information for the court to confirm the hearing details once scheduled. VI. Conclusion: End the letter by thanking the court for its attention to this matter and express your willingness to cooperate fully throughout the proceedings. Provide your contact information once again, in case the court or any of the interested parties need to reach you. Thank you for considering this request for a hearing on the motion for relief from the automatic stay. I look forward to the court's prompt response and your fair consideration of the matter. Sincerely, [Your Name]
West Virginia Sample Letter for Hearing on Motion for Relief from Automatic Stay
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How to fill out West Virginia Sample Letter For Hearing On Motion For Relief From Automatic Stay?
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FAQ
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.
Creditors must submit a written request to the bankruptcy court detailing why they request that the automatic stay be lifted, and they must include supporting documentation and evidence. The motion must also be served on all the parties involved in the case, including the debtor, giving them a chance to respond.
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 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.
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.
When relief from stay is granted, it does not remove the property from the bankruptcy estate or grant the creditor ownership of the property. It simply removes the stay and restores the parties to their state law rights.
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.
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.
