April 5, 2016
The bankruptcy Court has very specific deadlines and rules regarding filing and responses.
- Debtor filed for Chapter 13 relief on July 6, 2015.
- Case was dismissed on October 20, 2015 for failure to file required schedules or Plan.
- Debtor refiled his Chapter 13 again.
- Two creditors filed motions with the Court requiring the Debtor/his legal counsel to respond and the Court to confirm that the automatic stays had terminated.
- Debtor did not file a response but appeared in Court for the hearing. Advised the Court that he did not know why his attorney just did not show up or file a response.
- Court adjourned the case.
- Debtor’s attorney failed to attend the hearing again.
Outcome: Since the Debtor/attorney did not file a response, the creditors were allowed to proceed to collect their debts. The Court approved an Order that the automatic stay was terminated.
Lesson in the story: Be sure you have trust and confidence in your legal counsel and the Bankruptcy Court has strict rules and deadlines. Hire an attorney who specializes in NJ Bankruptcy and is Board Certified.