chap 7 adverse party hearing today (12:noon) HELP

[than4yoursup]

FILED CHP 7 ,CREDITOR FILED A RELEIF FROM STAY,motion SO AS TO SELL PROPERTY,and evict my family,BEFORE BK DISCRARGE no attorney will take a case (a set up )that involves a advese party action.filed answer denying everything so this hearing.after finding no legal help filed for a contiance,was denied and told he has the right to a hearing within 30 days.What can I file today to stop his motion for the relief from stay from being granted .amend my answer with A counter claim ? wait for it to be granted then FILE a motion to reconsider ? FILE A notice of appeal ??? any help or ideas (I agree that you are giving just info and not legal advise ) thanks and god bless.[SIZE="3"][LIST][*][SIZE="5"]-[B]please reply A,S,A,P HAVE TO LEAVE FOR COURT BY 11:AM EST

[justbroke]

It's pretty hard to fight that Motion for Relief From Autoamtic Stay as it really has nothing to do with foreclosure.

A Motion for Relief From Automatic Stay only allows a creditor to pursue foreclosure and not be bound by the Stay imposed by your filing.

The only way to fight the Automatic Stay, which go away anyhow at the close of your Chapter 7, is to prove that you are making adequate protection and/or there is sufficient equity so as the Creditor is not losing more money as the value deteriorates.

You generally can't stop this Motion unless you can prove... that you have equity in such property; and
that such property is necessary to an effective reorganization. (11 USC 362) In this case, the Creditor only has to prove that they have cause, including the lack of adequate protection of an interest in property of such party in interest. This could even be due to lack of insurance, lack of payments, and/or lack of equity without payments.