How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Phillips Esq. Your Own Question

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12996
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Bankruptcy Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

we filed for bankruptcy and have already met with the trustee.We

Resolved Question:

we filed for bankruptcy and have already met with the trustee.We received a letter from mortgage company that they filed a motion to br relieved from the automatic stay the bankruptcy provides. What can we do now to protect ourselves? We would like to work out a loan modification with them but so far they have not cooperated.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 5 years ago.
What chapter did you file under?

Are you late on the mortgage?

When was the motion for relief filed?
Customer: replied 5 years ago.
We filed chapter 7. Yes we are late because they won't acccept anything less then the full amount. The motion for relief was filed today April 30 2009 just received papers in mail with all our loan documents.
Customer: replied 5 years ago.
where is the accept button?
Expert:  Phillips Esq. replied 5 years ago.

First and foremost, you need to file a response to the motion for relief from automatic stay. If a response is not filed within the time indicated by the Court, the Court will grant the request for relief immediately after the response deadline. However, if you file a response, a hearing will be scheduled for the motion for relief giving you some breathing room to negotiate with the lender.

You respond to the Complaint by using the same caption as the Plaintiff/Lender.

Then your subheading will be:

Debtor’s Response to the Plaintiff 's Motion for Relief from the Automatic Stay.

Now comes (your name), the Defendant/Debtor, in the above-captioned action and responds to the Plaintiff’s Motion as follows:

Then you answer each paragraph of the motion separately by admitting, denying, or not admitting or denying because you do not have sufficient information.

Review the complaint very carefully. Sometimes it is froth with a lot of errors. Examples:

1. Debtor is XYC and filed for bankruptcy relief on March 20,2009.

If you are Debtor YYY and filed for bankruptcy relief on March 10, 2009, you answer paragraph 1 of the complaint as follows:

1. Deny. Debtor denies that she is XYC. Debtor denies she filed for bankruptcy relief on March 20, 2009. Debtor is YYY and filed for bankruptcy relief on march 10, 2009

2. The property in question is located at Anytown, USA.

2. Admit.

3. Defendant/Debtor does not have sufficient information to deny or admit to allegations in Paragraph 3, etc.

Look through the complaint very carefully to see if anything is off. If there is, challenge it by denying it. Also the Motion for relief needs to have a copy of the mortgage documents attached to it. If the copy is not attached, bring this up.

Lastly, you state:

Wherefore, Debtor requests that the Court deny the Plaintiff's Motion for Relief.

Then you sign and date the motion. Original of the motion is filed with the Court, copy of the motion is served on the Plaintiff's Attorney.

Date on the left

Name, address, phone number on the right



_______________
May 1, 2009

Name and Address
Phone Number


Sample Certificate of Service:

CERTIFICATE OF SERVICE

I, XYZ, certify that I have this 1st day of May, 2009 served a copy of the within Defendant’s Answer to Plaintiff’s Motion for Relief from the Automatic Stay on ( ABC ) and (ZZZ), by mailing said thereof by first class mail, postage prepaid, to its Attorney at the following addresses:
(1)

(2)
Signed under penalties of perjury,

Date on the left

Name, address, phone number on the right




________________________
Date: May 1, 2009

Your Signature
Your name and address
Phone number here


It is strongly suggested that you consult with a local bankruptcy attorney for further assistance.

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12996
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 2 other Bankruptcy Law Specialists are ready to help you
Expert:  Phillips Esq. replied 5 years ago.
I do not know where the 'ACCEPT" button is on your end because I cannot see your screen from here. However, the "ACCEPT" button should be at the same place where you click the "REPLY" button.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.
 
 
 

Related Bankruptcy Law Questions