title company is trying to stop relief so they can pursue this case outside bankruptcy court. They say my filing was not in good faith. I filed before they filed a case against me.
What your asking for is very complex and not easy to describe via this method.
I suggest doing the following:
1. Go to the courts web site.
2. click on the link for additional information.
3. Then click on judges tentative rulings. Be sure and click on the tentative ruling for your case Judge.
4. Read the tentative rulings under "Motions for relief from stay".
5. Write down the case number.
6. Use the PACER system (access is free at any bankruptcy court) to get copies of responses filed.
Note, you may need to look at allot of cases to find a response that is similar to your situation. If needed, you can look at responses filed with other Judges.
Keep in mind you generally have to file a response within a specific period of time.
I hope that helps.
Jonathan Leventhal, esq.
Leventhal Law Group, P.C.
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Stay relief in a chapter 7 is generally open and shut because chapter 7 does not give you the right to cure any defaults. Debtors do not have standing to oppose motions for stay relief anyway -- only the trustee does, because the home is property of the bankruptcy estate.
Your topic, relief from the automatic stay, and your content about bad faith filings are not generally in the same issue.
It is not clear from your statement what is going on.
Spend a few bucks and get an opinion from someone local who knows the creditors' attorney and can tell you how this process works. Worth every penny.
1845 S. Dobson Rd. Ste 201
Mesa, AZ 85202
We are a debt relief agency. We help people file for relief under the Bankruptcy Code.
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.
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