Filing a response to an objection pro se

[Billzfan]

If you are representing yourself, and filing without the help of an attorney (I do not own a home) in a Chapter 13 and an objection comes back after the notice to creditors is sent out by the court, what is the proper response to any objections that come back from creditors, if any? Can I respond with a formal document or process through the court is there a hearing where evidence can be presented?

[justbroke]

The only objection a creditor would have in a Chapter 13 is either an Objection to Discharge or an Objection to Confirmation. The former is more rare, but the latter is common especially with secured debt creditors such as automobile lenders and mortgage lenders.

Yes, this is a VERY formal process. If it's an Objection, you need to take steps to either overcome the objection with lucid, well thought out, and, more importantly, points of law (or legal theory supported by caselaw) that supports your opposition to the Objection.

I can't just tell you, here, how to respond to an objection. It's something that's both procedural and a question of law.

You should read up on the Federal Rules of Bankruptcy Procedure on all aspects of contested matters... but I wouldn't waste my time unless and until it happened. Most of the time, the objections are based on fact and caselaw and it's usually something as simple as you put the wrong balance or interest rate for a secured debt that you have scheduled and/or included in your Plan of Reorganization.

If all this sounds Greek to you... I will question your desire to file a Chapter 13 pro se.

[Billzfan]

Doesn't sound like Greek at all. I've been reading, reading, and reading some more

Thanks for the quick response, I think I've got all the basics down - now it is just the timing of it. Of course, I plan to hold off as long as I can - at least until a garnishment judgement is staring me in the face - then file