Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
Your best bet is to hire an attorney to help you, that shows good faith in trying to get it done right.
Many can roll the fees into the chapter 13 plan for you as well, if you are doing chapter 13. if you are doing chapter 7, you'll likely have to pay them up front to do so.
So, you must demonstrate that the filing was in good faith.
Obviously, you need to show that you qualify for relief, and that you have now filed all required documents.
If you have not filed them, please file them now.
So, you need to demonstrate that everything is all good in this most recent case, that you are filing in good faith too.
I need to file a response to the court because I am unable to speak in court are you able to provide me with a response or objection.
To demonstrate Good Faith - it's subjective. Showing that the documents are all properly filed now, showing that you are eligible for the relief sought too.
Now, to address the motion to modify stay
Are you in Ch13 or Ch7?
How is your chapter 13 plan treating this debt?
is it for a car, house?
Are you curing the arrears in the case?
Do you even want the house that they are addressing?
If you do want the house, your chapter 13 plan must address the mortgage arrears.
You should file a modified plan listing the arrears in to be paid thru the plan - use their figures from the proof of claim that they filed.
They want to modify since your plan doesn't sound like it addresses that.
I am making current payments but the attorney for the lender wants to procede with foreclosure and wants to stop me from refiling because they are unwilling to modify
You must propose a plan that is affordable, to cure the arrears to keep the home, and make regular payments moving forward as well.
Your plan must cure the arrears, or else the court will grant their motion.
Your plan must set out the current payment to the lender, and the set payment to the trustee to account for the arrears and the minimums needed to your other creditors.
You should also demonstrate the change in circumstances between cases, offer to have the payments deducted right from your paycheck too.
That helps to show good faith
I can't afford the current payment and struggling to make this payment I would like for this loan to be modified
So you are saying that I shouldn't respond to the court, on the order to show cause
Unfortunately, the bankruptcy does not force them to allow loan modification. You may want to consider letting the property go, convert the case to chapter 7 and be done with it....move on and buy something more affordable. Feasibility is the main issue in a chapter 13...if you can't show that you can afford it as is now, the court will not confirm your case, and they would likely bar you from refiling if you have had several attempts recently.
You should if you wish to salvage the case. Rule to show causes are often mandatory
Any other questions ?
Yes, how do I show cause...I thought that I would receive some type of guidance on how to show cause and how to address the issue of a response to the emergency motion for relief from the automatic stay
I did provide guidance
what other questions do you have ?
we cannot give specific legal advice here, you must hire an attorney for that.
We can give general information about the process, rules, laws etc.
I asked a specific question that stated that I need help on providing a response to an emergency motion of relief I have not received that response. I have not been told how to respond to this motion
You file a "Response to emergency motion of relief"
Type the caption, write your response to each line item
Add in any additional information to demonstrate good faith.
File it with the court, send copy to the creditor and creditors attorney.
Then appear at the hearing to answer any questions the court has.
Mimic their complaint, and respond with facts, attaching any exhibits you need to demonstate your point.
It is an uphill battle, usually you don't get 3-4 times to get it right. You need to demonstrate how the plan will be affordable, and if it isn't, then you should consider converting to chapter 7
In chapter 7, I would be giving the house back to the lender
For assistance drafting a response, that is asking for actual legal advice, which this forum cannot give. You can go to the bankruptcy court clerk, ask if they have a help desk to assist you .
I contacted them and they do not provide assistance on drafting a response.
ours is staffed with an attorney in Chicago. Sorry.
This is a complex matter, so you should hire a local bankruptcy attorney to assist you. As I mentioned, you can probably get them to agree to roll the fees into the case, and they can craft a response, modify the plan, and make sure all of the required documents are filed. Doing so is a big step to show this latest filing was in good faith.
Please reconsider the rating, the advice I gave you was good, it may not always be in your favor. Keep in mind, Just Answer cannot create an attorney client relationship, and we cannot give you specific legal advice. That is why we recommend hiring an attorney.
Do you have any other questions about bankruptcy?
no other questions, unfortunately I can't change the rating is was based on the service I received
if you have no other questions, then you received good service. just because you don't like the result, doesn't mean the service was bad.
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