relief from the automatic stay (RFS)

[relieef]

Regarding a thread I recently read (relief from the automatic stay (RFS)

As a Pro Se I fear my creditors may pull this (MRFS) during my bankruptcy . (File a Motion to object With the clerk of courts & Trustee)
is there any thing else needs to be done ?.

I looked under my local court rules and was unable to find anything.

Thanks

[frogger]

No one is going to do anything until your 341, if at all. The only creditors that would probably ask for relief would be a creditor with secured property, in order that they might proceed with a foreclosure. This relief would be granted.

The others? Don't worry about it unless it happens, then come back with details.

[relieef]

My matrix list is collection agency's (bottom feeders) only .However i did go the discovery route with them (buying time) and hope they won't give me more paper as i did them .

If they should i would be very confused (after having read the procedure in reversing the motion) seems confusing . But I made it this far and almost ready to submit BK7 . I'll worry when and if. Thanks

[justbroke]

As a Pro Se I fear my creditors may pull this (MRFS) during my bankruptcy . (File a Motion to object With the clerk of courts & Trustee) is there any thing else needs to be done ?.

I looked under my local court rules and was unable to find anything.

You won't find anything since this isn't a procedural issue... it's a legal issue. If a creditor files an RFS (motion for relief from the automatic stay), then you need to respond by objecting or consenting to the relief requested. You file papers with the (clerk of the) court and serve papers on parties in interest.

I am thinking that you are going to have procedural issues if this (an RFS) were to happen. It's okay, because most pro se filers have issues. I'm just hoping that you don't have any issues in your case.

[relieef]

or if you want the court to consider
your views on the [motion] [objection], then on or before (date) , you or your attorney must:
[File with the court a "written request for a hearing" {or, if the court requires a written response, an answer,
explaining your position} at:

The above in (bold) What would be said in the request for hearing? I ask only because if this should happen I do not want
To be a pest asking hundreds of questions not having some knowledge of the subject . Would you suggest any reading that may give me a better understanding ? Thanks

[AngelinaCatHub]

or if you want the court to consider
your views on the [motion] [objection], then on or before (date) , you or your attorney must:
[File with the court a "written request for a hearing" {or, if the court requires a written response, an answer,
explaining your position} at:

The above in (bold) What would be said in the request for hearing? I ask only because if this should happen I do not want
To be a pest asking hundreds of questions not having some knowledge of the subject . Would you suggest any reading that may give me a better understanding ? Thanks

Yes, I do. Download the C7 book from Nolo Press, about 21 bucks or so for pdf download. It has all you need and a good Pro se chapter. At this time, I believe you are premature to worry.

More info would help though but if you are so insecure, perhaps a bk lawyer would pay for the release of stress you are seemingly displaying.

Otherwise, the book is your help as well as this forum. Again, your too premature to worry. See what goes after 341. 'Hub

[relieef]

AngelinaCatHub, Thank you for those encouraging words and will look into getting the C7 book. I do lack a great deal of knowledge is this area and am very appreciative of all the help I am getting on this site.

I think i would enjoy this learning curve were it under different circumstances.

[justbroke]

or if you want the court to consider
your views on the [motion] [objection], then on or before (date) , you or your attorney must:
[File with the court a "written request for a hearing" {or, if the court requires a written response, an answer,
explaining your position}

You need to find out the procedures and "captioning" rules for Rhode Island. In some states/District, the rule is that you must request a hearing by placing such in the caption. For example; Motion for Relief from the Automatic Stay and Request for Hearing. Some courts also require that if the motion/paper requires a hearing, that you schedule it yourself with the lcerk of the court... AND... place the hearing date and time in the caption! For example; Motion for Relief from the Automatic Stay, Hearing Thursday, May 1, 2010 at 10:00AM COURTROOM 23.

Remember, that only the Movant requests a hearing! The respondent only needs to respond to the motion for a hearing to be scheduled (by the Movant) in most Districts. Again, this is procedural and is something you ask the clerk of the court (your case manager). Sometimes there are Districts that have the respondent respond with a caption such as "OBJECTION TO MOTION FOR RELIEF FROM THE AUTOMATIC STAY FILED BY SOMEBIGBANK (DOC. NO. 111) AND REQUEST FOR HEARING". Again, procedural question based on your District.

I actually always respond with captioning including a "REQUEST FOR HEARING".

By the way, I have no idea what you're trying to wrote below. It reads as though it's "negative noticing" and negative noticing requires more than just that much information.

or if you want the court to consider
your views on the [motion] [objection], then on or before (date) , you or your attorney must:
[File with the court a "written request for a hearing" {or, if the court requires a written response, an answer,
explaining your position} at:

[relieef]

I had been reading and trying/ comprehend something entirely different....I have a better understanding now and will brush up .
Thanks, JB