Q: How do I file my objection to the proposed relief letter with the court in a bankruptcy case? Does "file" mean just mail
it to them?? and it says the letter needs to be "served" to the trustee and debtors counsel?? again, mail it?
A: Yes. You may file by mail and yes serving means mailing a copy to debtors counsel and the trustee.
Nick Curtis Thompson agrees with this answer
A: If a motion for relief from stay has been filed in your case your lawyer should file a response, not you. If you have no lawyer you have a limited time to file an objection or the mortgage company will go back to state court and sell the home. What commonly happens is the debtor fails to make payments to the mortgage company or to the trustee. When the debtor does not live up to the terms of a plan or the order of confirmation the mortgage company files a motion for relief from stay for permission to go back to foreclosure court. You must send a copy of any objection to the attorney who filed the motion for relief from stay and it must also get to the court before the deadline. Attorneys file electronically. If you are doing your own case, I suggest you make sure it gets to the court before the deadline by hand delivery if you can or send the letter early enough that you don't miss the deadline.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
