how to
 






 

Question by  shannab (117)

Can you tell me how to file a motion in a Chapter 13 bankruptcy?

 
+7

Answer by  Samantha57 (391)

Whether a fee is required will depend on the type of motion. You will likely need to scan your motion into PDF and submit through the bankruptcy court's PACER portal. Check to see if the court clerk lists information on the bankruptcy court's website.

 
+6

Answer by  Dean (4035)

You must go to the office of the Clerk of the court and file the motion, stating what it is you wish to be heard on. You will then return to court for the motion to be heard, usually a set time during each week, often early in the week. The issue then will be added to the docket.

 
+6

Answer by  BilWitters (436)

In order to file a motion in a Chapter 13 bankruptcy case, you would need to be a member of that court's electronic filing system done online. This isn't possible for most laymen, so one would need to take a copy of the motion to the clerk's office of the court and file it with them.

 
+6

Answer by  Roland27 (16334)

You have to hire an attorney to file the paperwork for you. You can do this process for about $1,200 including the filing fee. The fee can be waived if your lawyer sends papers to the court proving that you are below the income line that can have the filing fees waived.

 
+5

Answer by  BilWitters (436)

In order to file a motion in a Chapter 13 bankruptcy, you need to prepare the motion with the case caption and file it with the clerk of the court in whatever district you are located in. If you are an attorney, you need to file the document electronically.

 
+5

Answer by  bubbyboy (9929)

You will need a bankruptcy lawyer to file this motion for you. It involves filling out a lot of papers and an appointment with your lawyer.

 
+5

Answer by  flamiss22 (5081)

If you do not have an attorney the bankruptcy court will be your savior. Go and ask questions. Tell them the situation and while they will not be able to comment on your specific case they will be able to give you the proper protocol on filing the required motion.

 
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