Louisville, KY asked in Bankruptcy for Kentucky

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?

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY
  • Licensed in Kentucky

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

Nick Curtis Thompson
Nick Curtis Thompson
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Louisville, KY
  • Licensed in Kentucky

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.

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