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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
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Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I have a question regarding filing an answer to an adversary

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I have a question regarding filing an answer to an adversary proceeding claim on our chapter 7. We are filing ourselves. First, how do I determine the fee for answers? And second, do you have helpful forms as guides? Note, the claim is being made by a multi millionaire over a 6 year old 25K promissory note and we are in bankruptcy - we do not have funds for our attorney to continue with this. Thank you.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 4 years ago.
As a debtor, there is no court fee to pay to answer an adversary objection. (only attorney fees if you choose to hire one) Your answer should mirror the complaint. Answer each numbered complaint by writing the complaint, then follow with your answer. You can admit the allegation, deny the allegation, or state that you are without sufficient information available to either answer or deny the allegation. After you finish the list you can list other facts that may be relevant, as well as citing any case law or rules that may be in your favor. This will be the start. Then comes the trial, which can be very involved. It is always advisable to hire an attorney to defend if you feel you have a chance to win. Good luck to you.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2539
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
Thanks for the quick response.
In the summons in an adversary proceeding/complaint objecting to chapter 7 - it begins with facts (there are 6) and then there are objections to discharge (there are 25).

Do I respond to the facts and the objections? Many of the facts and objections are erroneous. If I deny the fact/objection, how detailed do I have to be?

We do not have funds for an attorney.

Finally, do you recommend I address the judge with a brief explanation of circumstances?

by the way - I've been in TX for 25 years but was raised in Merrillville IN - was happy to have a response from a mid westerner...
Nance
Expert:  Terry L. replied 4 years ago.
You need to respond to each and every item. if they are wrong, you can deny them. It is up to the creditor to prove them. You do not need to be specific at this point. You cannot address the judge with an explanation, that is what the trial will be for.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2539
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
Can I ask if you will may be available later this evening if i have an additional question?
Expert:  Terry L. replied 4 years ago.
You can always request me by name as your expert for future questions. Thanks

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