Motion to Lift Stay has been filed

[nmtechie]

A creditor filed, pro se, a Motion to Lift Stay without noticing me,the Chapter 7 trustee, and filing this notice along with the motion.

What happens?

[SinkingFast]

Ok,..........

Do you mean to say you filed Pro Se??

The creditor has filed a Motion to Lift Stay. Was that directly to the Trustee and you were not notified?? Is that it??

If it's a house that you are letting go back, that's fairly common. Mortgage Lenders will file early so they can Foreclose to get the Deed in their name so they can resell the property.

What type of Creditor are you talking about??

[nmtechie]

The creditor filed the motion without attorneys. His only gripe is the money that I am behind which is $2,400. He sent copies to me and the Trustee but he failed to file a Notice for Filing Objections to Motion to Lift Stay. So I don't have an objection period - I figure 5/10/05, but without that formal notice on file with the court I don't know.

I know it wouldn't go to a final hearing until June and I can have the money by then. Should I go ahead and contact the creditor since we are both doing this pro se to see if we can work this out?

Please respond. I am desperate.

[LostOne0069]

Is this a secured debt?

If not, I doubt that this means anything other than your creditor wasted his time since I doubt very much that a chapter 7 trustee is going to lift the stay unless the debt isn't going to be dischargable.

If it is secured debt, then you may have something to worry about as I believe that the court could lift the stay so they can reposess the property.

As far as if he did or didn't file it properly... if you had an attorney, I would say you probably have nothing to worry about since he'd know how to use the law to your advantage. Since you do not, it may depend solely on the judge. A judge can "overlook" the technicalities whenever they want... after all, they're the judge and unless you have a lawyer who can call them on it, you're screwed.

Since you filed pro-se, I would try calling the trustee and ask them about it... maybe they'll at least explain the situation to you and tell you what it means.

If you can scrape together a couple hundred bucks, you might also go find an attorney and just ask them to give you advice on this one issue... expensive, but if it saves you $2500 it might be worth it.

Good luck!

[no_it_all]

I am guessing you are in New Mexico, right? I am not familar with local rules but here goes:

In that state does the Motion To Lift Stay simply outline the debt and the reason why the Creditor wants the stay lifted? I assume that the Motion To Lift can be entered without attaching the Notice for Filing Objections to Motion to Lift Stay? I would start there and see if the Pro Se messed up.

In order to resist the Motion To Stay you have to answer the Filing Objections Motion To Lift Stay but you don't have that!

You might want to go to the clerk and ask about it. Make it sound like you are a creditor that wants imaginary relief from an imaginary debtor. Tell them you filed the Motion For Relief and is it <really> necessary to fill out the Filing Objections Motion to Lift Stay. You might hear something you like!

Good luck!!