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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17217
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I recently filed chapter 13 (4-19) bankruptcy pro se in the

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I recently filed chapter 13 (4-19) bankruptcy pro se in the Eastern California District. I filed a “motion for extension of time to file” to file my financial documents. The court denied it on account “It does not appear that debtors served the motion on the United States trustee as required by Federal Rule of Bankruptcy Procedure 1007 (c).” I did not know I was supposed to serve them as well-my bad. We filed because we are fighting our foreclosure proceedings. Thus, we primarily need to gain time to delay the foreclosure until we can reach an agreement with the bank. Can I fight this denial? Do I file a motion for hearing or something else? My original “notice of incomplete filing and notice of intent to dismiss case if documents are not timely filed” from the bankruptcy court after I filed stated I needed to: XXXXX XXXXX in my financial papers within 14 days (by 5-3) or 2. file a motion for extension of time to file (file 5-2 denied on 5-8) or 3. File a notice of hearing on the court’s notice of intent to dismiss. What is my best choice now? Do I fight the issue of not noticing the US Trustee or do I file a motion for hearing on the intent to dismiss? Or? And can you supply a sample motion? Thank you.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

This is a common matter,

WALLSTREETESQ :

be aware as long as the case is not dismissed, the automatic stay remains and a foreclosure will be stopped,

WALLSTREETESQ :

so what you want to do is have the case remain as long as possible,so I would first file the financial information required under the law to all parties,

WALLSTREETESQ :

and then file a motion for an extension of time to file,

WALLSTREETESQ :

if needed,

WALLSTREETESQ :

if they file a motion to dismiss,

WALLSTREETESQ :

you would file an abjection to there motion, and you would object claiming that you submitted the financial information as required,

WALLSTREETESQ :

In cases such as these, I would not argue by filing motions, I would

WALLSTREETESQ :

do what is requested by filing the information required,

WALLSTREETESQ :

and then argue if the case is going to be dismissed.

WALLSTREETESQ :

Also, if the case is dismissed, you can refile anyway to stop the sale, so that would give you several more months anyway.

Customer:

Ok but the denial of motion said to file the documents "expeditiously" ordered on 5-8 and I don't have all of my documents together yet?

WALLSTREETESQ :

Send all you can,

WALLSTREETESQ :

as long as the trustee feels you are not trying to commit fraud, they would give time,

WALLSTREETESQ :

the only time you have to worry, is if they file a motion to dismiss,

WALLSTREETESQ :

which they have not done yet,

WALLSTREETESQ :

at that time you should object, and claim you have followed through

Customer:

How do I tell the court I don't have all the documents yet when i turn the other ones in?

WALLSTREETESQ :

If they ask you state you need more time to gather those documents,

WALLSTREETESQ :

You should send what you have to show you are trying to cooperate,

Customer:

OK so turn things in as soon as I can and if the bank or court files a motion to dismiss then I file a motion for hearing on that.

WALLSTREETESQ :

yes,

WALLSTREETESQ :

by that time, you should have those documents,

WALLSTREETESQ :

if not and the case is dimissed,

WALLSTREETESQ :

dismissed,

WALLSTREETESQ :

you refile the next day and start again.

Customer:

Great, I think that answers my questions for now. thanks so much. How do I save your response?

WALLSTREETESQ :

Once you provide us with positive feedback, the answers will be saved for you.

Customer:

Thanks

WALLSTREETESQ :

Good luck, and do not hesitate to ask if you have any further questions.

WALLSTREETESQ and 3 other Bankruptcy Law Specialists are ready to help you

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