BK objection

[kdowd771]

What is the name of your state? TX
I have filed for chpt 13 and have already had my 341 hearing and have made my fisrt paymeant. Yesterday my bk lawyer said that my stbx who was listed as a creiditor on the bk with a $0 balance has filed an objection. She wrote a letter addressed to the trustee and the clerk of the court. In it she makes numerous allegations with no factual support at all. Alleging things such as false income reported, exemptions I took she says I was not allowed, borrowed on CC prior to BK, etc etc.
This letter was in the form of a infomal buisness letter not in the proper form according to my bk, she also is asking the bk court to advise her what to do and to send her a letter repsonding to her objection letter. To say my bk lawyer was dumbfounded with the ridiculousness of the objection is an understatement!!

Sadly though the bk court actually accepted the objection letter and filed an objection in the case. My bk lawyer now has to respond to it.

1. How long does my bk lawyer have to respond to her objection?

2. An objection can be accepted with no factual information? Based solely on what a person writes in a letter with no verification?

3. What happens next after my bk lawyer responds?

 

[Ladynred]

Geez.. that woman just doesn't give up does she ??

What exactly did your lawyer get from the court, how was it worded ?

1. How long does my bk lawyer have to respond to her objection?

I'm sure that's buried in the Federal Rules of Civil Procedure or the Rules of Bankrutpcy Procedures, but I would expect it wouldn't be more than 30 days.. and could be as few as 10 (from what I've read in the Rules).

2. An objection can be accepted with no factual information? Based solely on what a person writes in a letter with no verification?

I'm a bit surprised the court accepted a business letter format instead of the formal motion that is usually required - interesting. Regardless, she's going to have to show material facts to prove the claims she's made. If she can't do that to a judges satisfaction, she's gonna be outta luck.

3. What happens next after my bk lawyer responds?

I would think that, based on your lawyer's response to her objections, the judge will either dismiss the whole thing outright and send her packing, or there will be a hearing and she may have to appear to defend her claims .. and come up with cold hard proof to back her claims. Your lawyer has all your paperwork, he may be able to get it dismissed based on a lack of those material facts.

 

[kdowd771]

Ladynred
I emailed you a scanned copy of the letter