How does a creditor request a termination of the stay in a Ch7, the debtor has not complied with rule 26 in adversary case

Asked over 1 year ago - San Diego, CA

The adversary case was filed in May 2012, to date the Debtor has not complied with rule 26 disclosures, even though the Judge has ordered him to. She indicated that I could file for termination or request entry of default, and request sanctions for costs etc. What code covers this? What is the terminology to use? Do I file an OSC for Sanctions for fees? Do I file a Motion to Terminate Stay? What about coercive sanctions? I have to file something within 2 days for a May 9 hearing that is set already and I didn't fully understand what she was saying. I am pro per - and cannot hire an attorney because Defendant stole all the money from family accounts and my suit is to get it repaid.

Attorney answers (3)

  1. Rex Tran

    Contributor Level 10

    5

    Lawyers agree

    Answered . Not to come off rude, but you should really seek a consultation from an attorney. If they think you have a case maybe they might do it on some type of contingency payment. You should ask multiple attorneys. What you are asking is probably too complex to answer in this type of arena.

  2. Robert Michael Fox

    Contributor Level 10

    4

    Lawyers agree

    Answered . Mr Tran is correct. You you are not a lawyer and appear to have close to nil experience with pro se BK litigation. Meet with a bk attorney.

  3. David Eli Larson

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . Check with your local legal aid office to see if there may be free or low cost lawyer representation available to you. If you can't get a lawyer to help, you will just have to do the best that you can to understand the rules and options and comply with them. Make your filings as clear as you can; make sure you serve copies of the filings on all the entities that you are required to give copies to; and make sure to file something before each deadline, even if it is only to ask for more time.

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