If no opposition to 362(d) motion-auto, is it better practice to file
Posted: Wed Feb 03, 2010 9:16 am
Hi all,
Would like to know what is the better practice. It's really hard for me not
to file a response indicating there is no opposition on the part of the
debtor.
Facts: Debtor forgot to advise me that he co-signed auto loan for niece;
creditor advised me of loan; I amended schedules and they filed RFS; niece
is 3 months in arrears, in Colorado and debtor has no interest in car; in
fact, he does not know her exact whereabouts;
Creditor filed 362 motion in debtors name alone--I asked that they amend to
include niece and they did; debtor has no opposition to motion. car is
valued at 11k and 3k owed
What is the better practice? FIle response indicating non opp? or just let
it go without filing response?
Thanks,
Daniela P. Romero
Law Office of Daniela Romero, APLC
1015 N. Lake Ave., Ste. 115
Pasadena, CA 91104
Telephone:626-817-2611
Facsimile: 626-628-1781
email: dromerolaw@gmail.com
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Hi all,Would like to know what is the better practice. It's really hard for me not to file a response indicating there is no opposition on the part of the debtor.Facts: Debtor forgot to advise me that he co-signed auto loan for niece; creditor advised me of loan; I amended schedules and they filed RFS; niece is 3 months in arrears, in Colorado and debtor has no interest in car; in fact, he does not know her exact whereabouts;
Creditor filed 362 motion in debtors name alone--I asked that they amend to include niece and they did; debtor has no opposition to motion. car is valued at 11k and 3k owed What is the better practice? FIle response indicating non opp? or just let it go without filing response?
Thanks,-- Daniela P. RomeroLaw Office of Daniela Romero, APLC1015 N. Lake Ave., Ste. 115Pasadena, CA 91104Telephone:626-817-2611Facsimile: 626-628-1781email:
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