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Modification - when is there a hearing?

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    Modification - when is there a hearing?

    My attorney filed a modification to my plan due to the whole 'VA benefits are no longer income' case law. I also lost child support for a while due to my ex just deciding not to pay.

    We filed a modification based on those grounds. Tuesday marks day 21 of filing a timely response. If nobody has filed an objection - INCLDUING the trustee - is the modification automatically granted?

    #2
    That depends on whether your court does "negative noticing" (a/k/a judicial noticing) which allows the judge to rule on the merits of the motion without a response from anyone. Typically the Trustee would at least file a response consenting if they have no objection.

    Too tough to guess as that's a procedural question.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.

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      #3
      Originally posted by justbroke View Post
      That depends on whether your court does "negative noticing" (a/k/a judicial noticing) which allows the judge to rule on the merits of the motion without a response from anyone. Typically the Trustee would at least file a response consenting if they have no objection.

      Too tough to guess as that's a procedural question.
      I hate the word "may" when it comes to the legal system. The verbiage that is "necessary" for a negative notice was used in my attorney's motion to the court, so I would assume that he would push for a summary judgement if nothing has been filed by tomorrow. T

      L. Rule 7056. SUMMARY JUDGMENT Motions under FRCP 56 do not require negative notice. However, responses and responsive affidavits must be filed no later than 21 days after the date of service, unless the Court, for cause, extends or shortens the time. The Court may rule on the motion with or without a hearing.

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        #4
        The usual procedure is that once the time period, in the negative noticing, expires, the movant (your attorney) would file a proposed order and a motion . I don't know if 7056 applies in your motion to modify, but the "may" just means that the court could consider the motion, as filed,without a hearing. This actually works in most cases! The entire purpose of negative noticing is specifically to avoid a hearing or wasting the court's time.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.

        Comment

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