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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19672
Experience:  B.A.; M.B.A.; J.D.
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we filed for bankruptcy and have already met with the trustee.We

Resolved Question:

we filed for bankruptcy and have already met with the trustee.We received a letter from mortgage company that they filed a motion to br relieved from the automatic stay the bankruptcy provides. What can we do now to protect ourselves? We would like to work out a loan modification with them but so far they have not cooperated.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 8 years ago.
What chapter did you file under?

Are you late on the mortgage?

When was the motion for relief filed?
Customer: replied 8 years ago.
We filed chapter 7. Yes we are late because they won't acccept anything less then the full amount. The motion for relief was filed today April 30 2009 just received papers in mail with all our loan documents.
Customer: replied 8 years ago.
where is the accept button?
Expert:  Phillips Esq. replied 8 years ago.

First and foremost, you need to file a response to the motion for relief from automatic stay. If a response is not filed within the time indicated by the Court, the Court will grant the request for relief immediately after the response deadline. However, if you file a response, a hearing will be scheduled for the motion for relief giving you some breathing room to negotiate with the lender.

You respond to the Complaint by using the same caption as the Plaintiff/Lender.

Then your subheading will be:

Debtor’s Response to the Plaintiff 's Motion for Relief from the Automatic Stay.

Now comes (your name), the Defendant/Debtor, in the above-captioned action and responds to the Plaintiff’s Motion as follows:

Then you answer each paragraph of the motion separately by admitting, denying, or not admitting or denying because you do not have sufficient information.

Review the complaint very carefully. Sometimes it is froth with a lot of errors. Examples:

1. Debtor is XYC and filed for bankruptcy relief on March 20,2009.

If you are Debtor YYY and filed for bankruptcy relief on March 10, 2009, you answer paragraph 1 of the complaint as follows:

1. Deny. Debtor denies that she is XYC. Debtor denies she filed for bankruptcy relief on March 20, 2009. Debtor is YYY and filed for bankruptcy relief on march 10, 2009

2. The property in question is located at Anytown, USA.

2. Admit.

3. Defendant/Debtor does not have sufficient information to deny or admit to allegations in Paragraph 3, etc.

Look through the complaint very carefully to see if anything is off. If there is, challenge it by denying it. Also the Motion for relief needs to have a copy of the mortgage documents attached to it. If the copy is not attached, bring this up.

Lastly, you state:

Wherefore, Debtor requests that the Court deny the Plaintiff's Motion for Relief.

Then you sign and date the motion. Original of the motion is filed with the Court, copy of the motion is served on the Plaintiff's Attorney.

Date on the left

Name, address, phone number on the right

May 1, 2009

Name and Address
Phone Number

Sample Certificate of Service:


I, XYZ, certify that I have this 1st day of May, 2009 served a copy of the within Defendant’s Answer to Plaintiff’s Motion for Relief from the Automatic Stay on ( ABC ) and (ZZZ), by mailing said thereof by first class mail, postage prepaid, to its Attorney at the following addresses:

Signed under penalties of perjury,

Date on the left

Name, address, phone number on the right

Date: May 1, 2009

Your Signature
Your name and address
Phone number here

It is strongly suggested that you consult with a local bankruptcy attorney for further assistance.

Phillips Esq. and other Bankruptcy Law Specialists are ready to help you
Expert:  Phillips Esq. replied 8 years ago.
I do not know where the 'ACCEPT" button is on your end because I cannot see your screen from here. However, the "ACCEPT" button should be at the same place where you click the "REPLY" button.