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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3431
Experience:  Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
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How do I file a pro se objection to a motion to lift a stay

Customer Question

How do I file a pro se objection to a motion to lift a stay on a piece of farm equipment?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 4 years ago.

http://www.bankruptcyhome.com/bankruptcyblog/2007/06/01/response-opposed-to-motion-for-relief/

 

At the link above you will find a sample you can use as a go-by.

 

 

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Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3431
Experience: Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
Maverick and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
This is what I wrote: any comments?


OBJECTION TO DEERE AND COMPANY’S MOTION TO LIFT STAY

COMES NOW, xxxxxxxxxxxx, affirming the following to be true and correct and showing the Court as follows:

1. I am not represented by an attorney in connection with this Objection.

2. There is no intention to mislead, hinder, delay or defraud any creditor or the Court in this matter.

3. The property in question is necessary to complete the Chapter 12 plan.

4. Said Plan has been agreed upon to the satisfaction of all parties and is pending confirmation.

5. Total value of property in question as declared by Deere and Company is $194,000.00.

6. Total contract payoff balance as declared by Deere and Company as of June 23, 2010 was $149,919.56.

7. Deere is adequately protected.

8. No request for inspection has been refused.

9. The property has been inspected twice: once during wheat harvest, June/July 2008, and again after fall harvest in early winter 2009.

10. Property may be viewed and inspected during regular business hours at xxxxxxxxxxxxxxxxxxxx at the request of John Deere.

11. Property is fully insured by Farmer’s Alliance. Agent may be contacted for confirmation at xxxxxxxxxxxxxxxxxxxxxxxxxxx Phone xxxxxxxxxxxxxxxx.

12. I am competent to complete the Chapter 12 Plan and Settlement agreement as proposed and fully intend to do so upon Plan confirmation.

13. All payments will be made as agreed once Chapter 12 Plan is confirmed.

14. In the event that the Motion to RESTORE THE CASE TO CHAPTER 12 AND CONFIRM THE REORGANIZATION PLAN is denied, Property is necessary to complete fall harvest and fulfill obligations in Chapter 7.

I, Edward William Bange, herewith request that the Court deny DEERE AND COMPANY’S MOTION FOR RELIEF FROM AUTOMATIC STAY; and that the Court provide such further relief as to the Court seems just, fair and equitable.

Expert:  Maverick replied 4 years ago.

You may want to attach an affidavit with supporting facts for each statement that you are making.

 

In other words, if you say "There is no intention to mislead, hinder, delay or defraud any creditor or the Court in this matter", what facts, that are within your personal knowledge, can you state under oath to support that statement. This is just one example.

 

If you say Deere is adequately protected, what facts support that statement.

 

http://www.judiciary.state.nj.us/supreme/affidavit.pdf

 

Sample affidavit form to use as a go-by at the link above.

 

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