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 WALLSTREETESQ Your Own Question

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16318
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
16356563
Type Your Bankruptcy Law Question Here...
WALLSTREETESQ is online now
A new question is answered every 9 seconds

I recently filed chapter 13 (4-19) bankruptcy pro se in the

Resolved Question:

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.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 1 year ago.

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, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16318
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you

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.
 
 
 
Chat Now With A Bankruptcy Lawyer
WALLSTREETESQ
WALLSTREETESQ
Bankruptcy Lawyer
16318 Satisfied Customers
14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS