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Q: bankruptcy ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: bankruptcy
Category: Business and Money
Asked by: lucyfur-ga
List Price: $3.00
Posted: 17 Mar 2004 15:49 PST
Expires: 16 Apr 2004 16:49 PDT
Question ID: 317744
Can a creditor file a motion to lift stay without using an attorney?
Answer  
Subject: Re: bankruptcy
Answered By: tutuzdad-ga on 17 Mar 2004 16:15 PST
Rated:5 out of 5 stars
 
Dear lucyfur-ga

Thank you for allowing me an opportunity to answer your interesting question.

The answer is: Sure, anyone can appear in court ?pro se?, a Latin
legal term that literally means, ?advocate of the self?, and refers to
any person appearing in their own behalf without the aid of an
attorney. Our legal system provides for any person to appear in court
on any matter without an attorney unless otherwise ordered by the
court (i.e, the person is incompetent or unable to effectively
represent themselves).

Many creditors have a ?representative? who appears in their behalf to
file motions in the company?s interest, but these representatives are
not required to be lawyers and many times they are not. All a creditor
has to do is visit to the clerk of the court with jurisdiction over
the matter and pay the filing fee (generally about $75) and fill out
the forms provided by the clerk similar to the ones seen here:

GENERAL ORDER 99-1 ? STANDARDIZED FORMS
http://www.ohnb.uscourts.gov/judges/GeneralOrders/go99-1.htm

LAW OFFICE OF D.L. DRAIN, P.A.
http://www.lawyerassistant.com/freeforms/debtor_pleadings/motion_for_relief_from_stay.doc


These may differ in format from the ones commonly used by the court
you are referring to but they are universally very similar. You can
find more forms like these by searching for keywords:

?Relief from stay? forms

Below you will find that I have carefully defined my search strategy
for you in the event that you need to search for more information. By
following the same type of searches that I did you may be able to
enhance the research I have provided even further. I hope you find
that that my research exceeds your expectations. If you have any
questions about my research please post a clarification request prior
to rating the answer. Otherwise, I welcome your rating and your final
comments and I look forward to working with you again in the near
future. Thank you for bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher


INFORMATION SOURCES

GENERAL ORDER 99-1 ? STANDARDIZED FORMS
http://www.ohnb.uscourts.gov/judges/GeneralOrders/go99-1.htm

LAW OFFICE OF D.L. DRAIN, P.A.
http://www.lawyerassistant.com/freeforms/debtor_pleadings/motion_for_relief_from_stay.doc


SEARCH STRATEGY


SEARCH ENGINES USED:

Google ://www.google.com




SEARCH TERMS USED:


?Relief from stay? forms
lucyfur-ga rated this answer:5 out of 5 stars and gave an additional tip of: $1.00
Great answer. Right on target! Thanks.

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