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Expert: - 10/23/2006


Question

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how long do i have to file my motion? a hearing is set for November 20, 2006. I received it on Saturday October 20, 2006
-----Question-----
I file chapter 13 bankruptcy in 2004,my mortgage company has file a motion with the court seeking approval to terminate automatic stay so they can foreclose on my home.  they said i missed 7 regular monthly payment. what can i do? i never missed a payment, but i did send a few after the due date but still in the same month. what can i do? if
anything at all. please help. Mrs. Davis
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Simple.  In your opposition to the Motion for Relief From Stay, attach a Declaration under penalty of perjury with documentation showing you made the mortgage payments they claim were not made.

Answer
I assume you mean an Opposition.  The Motion, according to you, was filed by the creditor.  Time deadlines, etc. should appear in the Notice you received with the Motion.  They are set by local rules in your jurisdiction.  You need to consult with your attorney about all of this.

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Mark J. Markus- California Bankruptcy Attorney

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Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

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Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

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