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How do you write a response to a motion for relief from automatic stay?

Answer:

Your main points should be:

Why it would prove to be an unfair distribution as to other creditors who may also have a right to benefit from that asset.

Showing that no damage would be done to the value received, or additional costs incurred to maintain the asset, by allowing it be included in the ordinary course along with all others. (Aware that if asset spoils, goes out of style, becomes worth less over time - like cars - that is a very hard argument and one reason the court may want to grant the relief).

That there is some real dispute about the validity of the creditors claim and the asset should not be rewarded until that is resolved.

Any mention of the hardship to you is rather irrelevant..and overcome by the hardship your failure to pay the debt is causing others....and while may be tried if you have a real good sob story...(pregnant mother of 2 needing something for work and to transport your elderly grandmother to the Dr....can also be met with some indignation about not being realistic about responsibilities).

First answer by IamLostRU. Last edit by IamLostRU. Contributor trust: 1567 [recommend contributor ]. Question popularity: 1 [recommend question].

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