Hearing

[roberto1959]

Can someone know what form we use to request a hearing?

[newbie2]

Can someone know what form we use to request a hearing?

A hearing for what?

[roberto1959]

OPPOSITION TO CREDITOR’S CLAIM, what I need to set a date with the bk judge for this hearing,.

[forgotten]

OPPOSITION TO CREDITOR’S CLAIM, what I need to set a date with the bk judge for this hearing,.

I believe once you file the motion to oppose the claim a hearing will be scheduled for you. Someone feel free to correct me if I am mistaken.

Are you in a 100% plan (or this claim would put you in to a 100% plan)? If not, its usually not worth the effort to object to a claim as either way you will be paying the same amount.

[roberto1959]

Fighting foreclosure in BK court and need to set a hearing with the B K judge

[Mayo]

I'd talk to my BK Attorney.

[justbroke]

Is this a pro se case? If so, you should read the Federal Rules of Bankruptcy Procedure and your Local Rules on this matter. This would not be a Motion, but an Objection (or Opposition) to Claim. In any case, if your Local Procedure requires YOU to schedule a hearing, you need to contact your Judge's clerk (or courtroom deputy) and see what the next date is. You also need to be mindful of the number of days in advance that you are required to notify the entity that issued the claim so that they have time to respond and attend the hearing.

Some Judges allow you to use negative noticing. Some judges will procedurally mark the claim disallowed and wait for the claimant to file a response to the object (opposition). This is all procedural and you need to make sure you are following the correct procedure for your Court and Judge (since some judges do some things differently).

Don't forget that the stay is lifted upon confirmation anyhow, so this would be nothing more than a delay tactic in a Chapter 13.

If all this is sounding Greek to you, then you are not prepared to enter into a contested matter. I suggest you read a recent post that I made on (Almost) Everything You Wanted to Know about Evidence.

What are you really trying to do? Delay? Win a free house?

If you are just trying to fix arrears, you don't need to "fight' foreclosure in a Chapter 13 case. A Chapter 13 allows you to reorganize and cure the arrears! If you're trying to win a free house... that's another story.