Re: Filing a written response

Call it a "Response to . . . [whatever it was captioned - Motion for Relief from the Automatic Stay . . . ] and then have an introductory paragraph that says "Debtor, [insert your name], answers the [whatever it was captioned] as follows:" then answer each paragraph individually, by either admitting or denying the allegations in each paragraph. Make sure that you ask that their motion be denied. Sign it and also type in a Cerficate of Service stating that you sent a copy of the Answer to the attorney representing the mortgage company. State the attorney's name and address and the date you senst it. Then send the original to the bankruptcy court, and of course a copy to the attorney for the mortgage company.

Then contact their attorneys and see if you can work out a payment arrangement with them. When you call the law firm, ask to speak to the person who is handling your file. Then speak with them and offer to make a lump sum payment of some kind, and payments on the balance over six to nine months. ALL COMMUNICATION WITH THEM SHOULD BE FOLLOWED UP BY FAX AND PRINT OUT A FAX CONFIRMATION. If you work out a payment arrangement, make sure you confirm it in writing and that they do the same. Make sure that if you cannot work out a payment arrangement that you get an attorney in plenty of time to show up for your hearing. I wouldn't recommend you do this by yourself - too much at stake. Good luck!

Carolyn G. Krohn

Re: Filing a written response

You must respond by the deadline listed in the motion for relief from stay. On the date of the hearing, you would either have reached an agreement with the mortgage company, paid the amount of post petition / pre petition arrearages, or argue your side at the hearing.

I would be happy to discuss this matter further, please contact my office for a free consultation.