Question What to do about Motion for Relief from Stay

[sfosmith]

In the bankruptcy court, debtor objected to bank's (movant's) Motion for Relief from Stay.
The judge ordered the bank to correct a defective Proof of Claim and file it by a certain date and appear for the continued hearing.

The court deadline passed without the bank filing anything.

Question: Should the debtor allow the bank to default on the hearing date or should he file an amended objection to the motion listing the the bank's failure to comply with the court order?

How should the debtor make the most of this situation?

[justbroke]

Are you asking about yourself, or is this theoretical? If there was a Motion that was not your own and you oppose it, then you file an opposition (or objection). Since you say there was already an objection and an order from the judge ordering the movant to take corrective action by a hearing date, then you need to wait for the hearing date.

On that hearing date, the debtor's attorney would ask the Judge, even if the movant's attorney shows, to DENY the motion with prejudice since the movant failed to meet the date imposed by the Court. (Generally speaking, RFS motions need to be adjudicated within 30 days per the Code... if I'm remember correctly.) In any event, the Judge will likely deny the motion without prejudice, unless you can come up with a very good reason why it should be with prejudice.

In the end, the movant -- the bank -- will usually get the RFS. If this is a Chapter 13 and the secured debt is not included in the plan, the Stay terminates anyhow upon confirmation!