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Q: bankruptcy ( No Answer,   4 Comments )
Question  
Subject: bankruptcy
Category: Business and Money
Asked by: lucyfur-ga
List Price: $5.00
Posted: 04 Jun 2004 21:30 PDT
Expires: 11 Jun 2004 18:52 PDT
Question ID: 356684
In a Chapter 13 bankruptcy can a creditor file a rebuttal to the
debtor's attorney's objection to a motion to lift stay?
Answer  
There is no answer at this time.

Comments  
Subject: Re: bankruptcy
From: kim424-ga on 05 Jun 2004 08:57 PDT
 
bankruptcy laws vary by state
Subject: Re: bankruptcy
From: nelson-ga on 05 Jun 2004 11:08 PDT
 
kim424, isn't Chapter 13 a Federal law?
Subject: Re: bankruptcy
From: serenata-ga on 05 Jun 2004 12:38 PDT
 
Property exemptions vary by state ... bankruptcy law is a federal matter.

The simple matter is yes, you can (and rightfully should) file a
rebuttal to the Objection to the Motion to lift the stay - and then
make sure you file the correct number of copies with the Clerk's
office, and notify all those people (that long mailing list) at the
end or attached to that Objection.

Your document, when properly prepared, would be entitled something
like, "So-and-So Creditor's Rebuttal to Debtor's Objection to Motion
to Lift Stay".

And you will get the opportunity to be heard and present your case or
to argue what is basically your objection to the objection at the
hearing on the Motion.

Hope this helps
Subject: Re: bankruptcy
From: gerry051638-ga on 10 Jun 2004 12:34 PDT
 
I don't know the specific answer to you question but I do know the following:
Ch 7 is bankruptcy
Ch 13 is a reorganization plan which gives your creditors a percentage
of the debt owed over several years with the balance discharged by the
court.
Each state allows Ch 7 & 13 by either state laws or federal laws, some
both some just one or the other.

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