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 Terry L. Your Own Question

Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2500
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Type Your Bankruptcy Law Question Here...
Terry L. is online now
A new question is answered every 9 seconds

RA - RDE

Customer Question

I need to prepare a response to an emergency motion for relief I need to prepare a response to an emergency motion for relief from the automatic stay and co-debtor stay and request for order granting a two-year bar under 362 (d)(4)(b) or in the alternative prospective stay relief for one-year period under 362(c)(3) ... I have been dismissed without prejudice 3 times because I was missing paperwork. I have refiled and the attorney wants to bar me from refiling again for two years. I need to respond to the courts stating that I am not abusing the bankruptcy laws just didn't understand all the documents required to file.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 1 year ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Your best bet is to hire an attorney to help you, that shows good faith in trying to get it done right.

Terry L. :

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.

Terry L. :

So, you must demonstrate that the filing was in good faith.

Terry L. :

Obviously, you need to show that you qualify for relief, and that you have now filed all required documents.

Terry L. :

If you have not filed them, please file them now.

Terry L. :

So, you need to demonstrate that everything is all good in this most recent case, that you are filing in good faith too.

Customer :

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.

Terry L. :

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.

Terry L. :

Now, to address the motion to modify stay

Terry L. :

Are you in Ch13 or Ch7?

Customer :

Ch 13

Terry L. :

How is your chapter 13 plan treating this debt?

Terry L. :

is it for a car, house?

Customer :

house

Terry L. :

Are you curing the arrears in the case?

Customer :

No

Terry L. :

Do you even want the house that they are addressing?

Customer :

Yes

Terry L. :

If you do want the house, your chapter 13 plan must address the mortgage arrears.

Terry L. :

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.

Terry L. :

They want to modify since your plan doesn't sound like it addresses that.

Customer :

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

Terry L. :

You must propose a plan that is affordable, to cure the arrears to keep the home, and make regular payments moving forward as well.

Terry L. :

Your plan must cure the arrears, or else the court will grant their motion.

Terry L. :

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.

Terry L. :

You should also demonstrate the change in circumstances between cases, offer to have the payments deducted right from your paycheck too.

Terry L. :

That helps to show good faith

Customer :

I can't afford the current payment and struggling to make this payment I would like for this loan to be modified

Customer :

So you are saying that I shouldn't respond to the court, on the order to show cause

Terry L. :

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.

Terry L. :

You should if you wish to salvage the case. Rule to show causes are often mandatory

Terry L. :

Any other questions ?

Customer :

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

Terry L. :

I did provide guidance

Terry L. :

what other questions do you have ?

Terry L. :

we cannot give specific legal advice here, you must hire an attorney for that.

Terry L. :

We can give general information about the process, rules, laws etc.

Customer :

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

Terry L. :

You file a "Response to emergency motion of relief"

Terry L. :

Type the caption, write your response to each line item

Terry L. :

Add in any additional information to demonstrate good faith.

Terry L. :

File it with the court, send copy to the creditor and creditors attorney.

Terry L. :

Then appear at the hearing to answer any questions the court has.

Terry L. :

Mimic their complaint, and respond with facts, attaching any exhibits you need to demonstate your point.

Terry L. :

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

Customer :

In chapter 7, I would be giving the house back to the lender

Terry L. :

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 .

Customer :

I contacted them and they do not provide assistance on drafting a response.

Terry L. :

ours is staffed with an attorney in Chicago. Sorry.

Terry L. :

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.

Terry L. :

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.

Terry L. :

Do you have any other questions about bankruptcy?

Customer :

no other questions, unfortunately I can't change the rating is was based on the service I received

Terry L. :

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.

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.