I need to know how to object and request a hearing, and how to object to her exemption of property, then I need to know how to challenge dischargeability of certain debt
Any bankruptcy lawyer who regularly handles creditor claims should be able to assist you. It's unlikely that you could successfully do all of the things you've asked about without the help of a lawyer.
At the very least, you should consult with an attorney. There are very specific cases when debts are deemed to be non-dischargeable. Talk to an attorney about whether your claim falls into those narrow exceptions.
My response to this question does not create an attorney-client relationship and does not consitute legal advice. The information is provided as a courtesy only. This format of written question and answer is too informal and lacks sufficient detail. It is almost never possible to give quality legal advice without a full set of facts and the opporutnity to have a dialog where questions are asked and answered. Moveover, posters on the internet should be aware that confidentiality is not guaranteed online. I am licensed to practice law in WI and IN.
The amount of the debt you are owed, the size of the bankrupt estate, and the cost for the attorney to oppose the notice need to be evaluated between you and a bankruptcy attorney.
Act NOW because if the time to respond passes you may be foreclosed from taking action.
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
Who is compelling the abandonment? If it is the trustee, then after a professional looked at the asset, they are moving on. If you think this is a mistake, call them on the telephone.
If the Debtor is seeking the abandonment, call the trustee.
If the Trustee does not take you serious, then you can file a motion.
You need an attorney anyway if you want to seriously address these issues.
Please contact me directly with document for a free 30 minute consultation to get more concrete advice. This is not legal advice. I don't have enough information to give actual legal advice. I can only take the limited information presented and provide a framework to know how your situation may turn out. I may have questions that bring up issues you did not think were important but make a big difference.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline