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: 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.
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