can i oppose a motion filed by my lender?

[gianna]

hi, i filed for chapter 7 april 2010, and just a week ago, i got notified by my attorney that Citibank (our loans are under EMC/Chase, just wondered if they sold to citibank) filed a "motion for relief of automatic stay" to pursue foreclosure proceedings. my lawyer advised that generally, the motion is not opposed because debtors are not able to pay off the amounts past due.

we filed an in-house loan modification with both 1st & 2nd 8 months ago, and the last time i called, which is a week ago, they said it is still under review. my question is, can i oppose the lender's motion since my loan mod process is still ongoing? i thought that the foreclosure proceedings are halted once there's a loan mod that is still on review?

if you have any situation similar like mine, please let me know, i really appreciate it!

[despritfreya]

You can certainly file a Response, pro se (I doubt your attny will file one on your behalf) but you have no defense. Attempting a loan mod is between you and your lender. The bk ct has no authority to force an agreement.

[SMinGA]

They may to lift the stay to work on the mod as it could be considered a collection process.