Posts Tagged ‘filing a motion with a bankruptcy court’

Filing A Motion With A Bankruptcy Court

There can be an array of situations where you may have to consider filing a motion with a bankruptcy court. The judge does not supervise the complete process of bankruptcy. Their task is usually limited to grant or not to grant bankruptcy to the individual who is filing a petition. The judge then appoints a bankruptcy trustee to look after the various aspects associated with your case, including the liquidation of the assets. However, it is possible that the debtor may not agree to all the decisions that a trustee takes. In case of disputes, you have the legal right to file a motion in the bankruptcy court and bring the issue to the attention of the court. Whenever you file such a motion, you must notify all other parties involved in your case of the same. Filing a motion is not a very difficult process, as there is a simple form that you need to fill out and submit. After receiving the form, the court will issue a hearing date.

Debtor Is Not The Only One Who Has The Right To File A Motion

When it comes to filing a motion with a bankruptcy court, it is very important for you to keep in mind that debtor is not the only one who has the right to file a motion if he/she has disputes regarding certain issues; even creditors and trustee may also file a motion. Any interested party who is somehow or other involved in or affected by your case have the right to file a motion to get the issues resolved in court. Besides that, there is also a statue of limitations applicable in these cases, which means a motion can be filed with the court’s designated period.

Identifying An Issue

Obviously, there has to be an issue that you want to be resolved by filing a motion with a bankruptcy court. The most important thing is that the issue or the dispute has to be a genuine one. If you are filing a motion for an issue which the court thinks that it can be resolved informally, no court hearing will be required and your motion will be rejected. You will have out of court settlement for such disputes without the supervision of the court. Some common issues where a motion can be filed by a debtor include when you have to make some corrections to the forms you have already submitted as part of the process of bankruptcy petition filing. Creditors can also find a motion in cases, where they think some relief should be offered to them from automatic stay and they should be allowed to collect debt normally.

Fill Out And Submit Form 20

You need to fill out and submit the form 20 for filing a motion with a bankruptcy court. While you are filling out this form, make sure you follow the instructions provided in the form thoroughly.

Objection Deadline

You are also required to send a notice to all interested parties that you have filed a motion regarding a specific issue. When you file a motion with the clerk of a bankruptcy court, you obtain an objection deadline, which is the date by which any other interested party can file an objection. If no interested parties file any objection within that set frame of time, there may not be any court hearing and your proposed request may just be approved.

Overall, filing a motion with a bankruptcy court does not always have to be a very complicated process, but it can still get complicated especially when someone files an objection. Therefore, it may be a wise idea to get assistance from an expert lawyer before you go for any such thing. An expert legal representation will make sure that your rights and interests are well protected.


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