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
  • 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

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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