Sample Opposition to Motion for Relief From Automatic Stay in United States Bankruptcy Court
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Sample Opposition to Motion for Relief From Automatic Stay in United States Bankruptcy Court.
This sample opposition to motion for relief from the automatic stay in United States Bankruptcy Court is used when a party wishes to oppose a motion for relief from the automatic stay on the grounds that,
- The moving party has not met their burden of showing that they are a real party in interest entitled to enforce a colorable claim against property of the bankruptcy estate,
- The moving party has failed to submit admissible evidence, and
- The moving party has failed to show any bad faith on the part of the Debtor.
The sample has been revised and updated in 2018, is 12 pages and includes,
- Brief instructions,
- Memorandum of points and authorities with citations to case law and statutory authority, and
- Proof of service by mail.
The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.
Note that the author is NOT an attorney and no guarantee or warranty is provided.