Starkville, MS asked in Bankruptcy for Mississippi

Q: What is a written responsive pleading

Trustee says i have to pay past due amount on my bankruptcy or do a written responsive pleading. I dont know what that means

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1 Lawyer Answer
David Earl Phillips
David Earl Phillips
  • Bankruptcy Lawyer
  • Nashville, TN

A: If you are in Chapter 13 and the Trustee has filed a Motion to Dismiss your case for non-payment, then you can either get the money to the Trustee that is needed to bring your Plan current or file a written response to the Motion to Dismiss that explains to the Court why you are behind in payments and how you intend to make up these amounts. If you have an attorney they would be making this response for you based on the information you give them. If you do nothing, in our District the case would be dismissed and you would no longer have the protection of bankruptcy and the automatic stay. If you do not have an attorney, now might be a good time to consult with someone and they may be able to help you save the case. Look on Justia for a lawyer in your area. Hope it works out. Good Luck.

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