Sample 362 Intent Letter to Client
Re: CASE NUMBER - RESPONSE REQUIRED!
Dear:
CREDITOR has advised our office of their filing of a Motion for Relief from Stay in order to begin foreclosure proceedings on your home. CREDITOR} states that you are past due for the months of ____________ in regular payments plus late fees, attorney fees and costs. A hearing will be scheduled on this matter. You are not required to attend this hearing. Your attorney will attend on your behalf. We must have the enclosed options list returned to our office within 5 days of the date of this letter. We cannot act on your behalf without your signature on the form below to know how you wish for us to proceed on your behalf. If we do not hear from you the automatic stay will lift and the creditor will be allowed to immediately begin foreclosure proceedings.
In the event that you have made any of these payments, we must prepare and file an affidavit for you in this matter to greatly improve the success of the hearing. Contact me immediately to SET UP AN APPOINTMENT to sign this affidavit. At this appointment, you will need to bring proof that you have made the disputed payments in the form of canceled checks or money order receipts. This needs to be done no later than 5 days from the date of this letter. If you do not have copies, we will be unable to dispute the creditor’s allegation of default. Please be aware that while your creditors may have allowed you a grace period prior to the filing of your bankruptcy, many do not honor a grace period after the filing of a bankruptcy. Some reasons that your creditor may file a Motion for Relief from the Automatic Stay when your payments have been made are:
_____ Payment was not made by payment due date
_____ Payment was not in the correct amount
_____ Payment was returned due to insufficient funds
_____ Proof of full coverage insurance has not been provided to the creditor naming them as loss-payee
If you are behind, or if any of the payments were late at the time of the filing of the motion, it may be possible to work out an agreement with CREDITOR. This would allow you to pay out what you are behind over the next 6 months by making payments in addition to your regular monthly payments. There is also a chance that the creditor may allow you to have the arrears put in your bankruptcy plan for pay off. If you are behind, please call me at the number listed above, or send me a fax or e-mail immediately so that I can contact the attorney for CREDITOR to try to work out an agreement.
Again, it is always our goal to give you the best Legal representation possible and to make sure you receive the debt relief you sought when you originally came in to see us. We cannot, however, accomplish this goal without help from you. Please read this letter and the options below and return it to our office immediately. Again we can not act on your behalf without knowing how wish for us to proceed in this matter.
Thank you for your time and attention to this matter.
I have read the accompanying letter concerning the Motion for Relief from the Automatic Stay filed by CREDITOR. I would like for my Attorney and/or his staff to work on my behalf in this matter and have indicated my preference of resolution to this matter below. I understand that the terms of the Agreed Order, if one is requested, may allow the arrears to be included in my Chapter 13 Plan or that I may have to pay them direct to the creditor. I also understand that this matter will usually be worked out the week of the hearing, that I do not have to attend the hearing unless directed to do so by my attorney or his staff, and that if an agreement is reached I will receive a letter detailing the terms of the agreed order within approximately 7 days of the hearing. I also understand that CREDITOR may not offer an Agreed Order even if one is requested and that if the terms vary significantly from the standard terms outlined in the options letter then my attorney or his staff will contact me to go over the terms of the proposed order.
___I have not made the payments that CREDITOR alleges in their Motion and I would like for Higgins and Associates, P.C. to request an agreed order allowing the post-petition arrears to be paid through my bankruptcy plan. I understand that if the Creditor will not allow an Amend/Modify plan agreed order that my attorney will sign a Stipulation payment agreed order on my behalf so that the Automatic Stay will not lift causing me to lose my property.
___I have not made the payments that CREDITOR alleges in their Motion and I would like for Higgins and Associates, P.C. to request a Stipulation payment agreed order allowing me to catch up my arrears by making additional payments every month for the next 6 months in addition to my regular monthly payment.
___I would like to surrender the property that is the subject of the Motion for Relief.
___I do not wish for my Attorney to act on my behalf in this matter and understand that the Automatic Stay will lift and the Creditor will be entitled to begin repossession or foreclosure proceedings on the collateral that is the subject of the Motion for Relief.
____I have made all of the payments that CREDITOR alleges in their Motion. I have proof that all payments have been made and I will provide the office with proof in the form of canceled checks or receipts no less than 3 days prior to the scheduled hearing date.
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