What is the name of your state? Florida
Filed BK7 May 25, pro se. Had two pending reversed and remanded issues before lower court after I won appeal. Sent suggestion of BK, my ex's atty canceled a hearing re. attorneys fee award of almost 100G's that had been reversed. A seperate hearing on CS modification happened on Friday, my counterpart was hesitant to go through with it but court refused to cancel. The attorney told the court he had filed a motion to lift the stay but had not received permission. As the hearing was clearly CS related I waived objection and the court found the issue in my favor as was expected.... but I do wish to oppose the lifting of the stay on the fees issues.
My question is, the opposing attorney apparently filed for a lifting of the stay but I received no notice. I wrote and faxed him a letter stating so and copied the trustee, warning him to conduct himself accordingly.....
anything else I can do until I hear back from him? I don't have a password yet for the online system, but I'll call the clerk tomorrow to see if and when his motion was filed....
what happens if the window for my response expired?
PS...the reason I'm opposing on the fees is that I can prove (or at least argue, and this was one of my arguments in the appeal) that the contingent fees only cover a small portion of any child support issue, there were many additional non CS and maintainance issues litigated that generated the large fee award. The lower court never made sufficient findings to support the award against me....so I'm hoping to fight this in fropnt of BK judge instead of in front of the judge who I feel is biased against me to begin with. My motion to disqualify and my writ of prohibition were both turned down last year prior to the appeals court mandate.
any advice is appreciated
Filed BK7 May 25, pro se. Had two pending reversed and remanded issues before lower court after I won appeal. Sent suggestion of BK, my ex's atty canceled a hearing re. attorneys fee award of almost 100G's that had been reversed. A seperate hearing on CS modification happened on Friday, my counterpart was hesitant to go through with it but court refused to cancel. The attorney told the court he had filed a motion to lift the stay but had not received permission. As the hearing was clearly CS related I waived objection and the court found the issue in my favor as was expected.... but I do wish to oppose the lifting of the stay on the fees issues.
My question is, the opposing attorney apparently filed for a lifting of the stay but I received no notice. I wrote and faxed him a letter stating so and copied the trustee, warning him to conduct himself accordingly.....
anything else I can do until I hear back from him? I don't have a password yet for the online system, but I'll call the clerk tomorrow to see if and when his motion was filed....
what happens if the window for my response expired?
PS...the reason I'm opposing on the fees is that I can prove (or at least argue, and this was one of my arguments in the appeal) that the contingent fees only cover a small portion of any child support issue, there were many additional non CS and maintainance issues litigated that generated the large fee award. The lower court never made sufficient findings to support the award against me....so I'm hoping to fight this in fropnt of BK judge instead of in front of the judge who I feel is biased against me to begin with. My motion to disqualify and my writ of prohibition were both turned down last year prior to the appeals court mandate.
any advice is appreciated