Crestline, CA asked in Bankruptcy for Massachusetts

Q: In MA, can a chapter 13 creditor object to bankruptcy plan and make motion to dismiss in ONE document, or must be TWO?

I am a creditor in chapter 13 bankruptcy filing (2nd time around) and want to know if I can object to the petition and also make a motion to dismiss in one document -- or do I have to make two separate documents? If it's two separate documents, the objection would go to Debtor and Trustee on or before the meeting of creditors; the motion to dismiss would go to who, and on what timeline? The pro se law clerk position at the bankruptcy court no longer exists.

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Two separate documents. Objection in one and Motion to Dismiss in second. Serve all motions on the trustee and debtor.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered

A: Mr. Denison has given you excellent legal advice; I am writing only to give you some practical advice: (1) IMO, if the amount of money involved is substantial--and if you are trying to do this without a bankruptcy lawyer--you are making a mistake; (2) If you do have a bankruptcy lawyer I am fairly certain they will consider filing the two documents you are trying to file--and they may include citations of relevant authority supporting the reasons for your objection and separate motion to dismiss.

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