Background: A creditor, pro se, filed a motion to lift stay without noticing the co-debtors on the note with me, failed to notice the US trustee, failed to notice the Chapter 7 trustee. My attorney has sent him 7 workout agreements to get the arrearage resolved. He hasn't returned an answer one way or another. Although, the two other co-debtors did receive a demand letter for $3,000 from the creditor.
My attorney says that I should let him file a Motion for Protective Order barring him from any and all collection activity until we have a preliminary and final hearing on the Motion to Lift Stay. Since he failed to notice, we have no objection period. So my attorney said let's wait one week. Give him a week to answer and then if he doesn't, he will file a tersely worded Objection to the Motion for Relief from Stay stating that either Movant (this creditor) files a Notice stating that we have 20 days from the date of mailing to file an objection or it should be dismissed with prejudiced. He said file a Protective Order Motion barring him from any sort of collection activity or converting the contract to a rental agreement on 6/5/06 until the Motion for Relief from Stay has been heard by a judge. The attorney wants to extend my discharge by 30 days to get this resolved. He is really irked at the high handed attitude of this creditor. He said if you are going to do it pro se, know what you are doing!!!!!!
I don't want to lose my house, but should I go with his advice?
My attorney says that I should let him file a Motion for Protective Order barring him from any and all collection activity until we have a preliminary and final hearing on the Motion to Lift Stay. Since he failed to notice, we have no objection period. So my attorney said let's wait one week. Give him a week to answer and then if he doesn't, he will file a tersely worded Objection to the Motion for Relief from Stay stating that either Movant (this creditor) files a Notice stating that we have 20 days from the date of mailing to file an objection or it should be dismissed with prejudiced. He said file a Protective Order Motion barring him from any sort of collection activity or converting the contract to a rental agreement on 6/5/06 until the Motion for Relief from Stay has been heard by a judge. The attorney wants to extend my discharge by 30 days to get this resolved. He is really irked at the high handed attitude of this creditor. He said if you are going to do it pro se, know what you are doing!!!!!!
I don't want to lose my house, but should I go with his advice?
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