Q: I was not given sufficient notification on a Motion for Relief from Stay in my CH 13 bk. Hearing is days away.Options?
This was clearly a strategic move by the creditor to serve me via mail just prior to the holidays so I would have little to no recourse. I need help filing a motion for extension of time to object, to extend the automatic stay , to find legal assistance and to have someone appear on my behalf at the hearing to ensure they judge knows I have requested time to final legal assistance in this matter.
A:
You and your attorney must b be served by mail at least 14 days before the hearing. That means that the Notice and other documents go INto the mail 14 calendar days before the hearing. If on 14 days notice, the first hearing is considred a "preliminary hearing". At that time the court can schedule when you must reply in writing and when the creditor can reply. The court can also set a final hearing date.
When I said "you and your attorney" that is key. If you don't have an attonrey you are running in the fog in the woods with a blindfold on. Not good. Is your home or car important? If so, should have had an attorney all along. In fact, your attorney would have received the Motion electronically the day it was filed and could have reacted much more quickly.
Don't spend time looking for an answer online. Get an experienced bankruptcy attorney. That may be difficult since you've already filed, but see what you can do and stop trying to do this without legal help.
Theodore Allan Greene agrees with this answer
A: If you can't get a written response filed prior to the hearing date, then you are best advised to at least appear at the hearing and explain the circumstances to the judge while requesting a continued hearing date with an appropriate deadline for you to file a written response.
Harlene Miller agrees with this answer
A: Your bankruptcy attorney can handle it for you or, if you don’t have one, go to the hearing and ask the judge for an extension of time yourself.
Harlene Miller agrees with this answer
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