Timeline for filing objection

[TeacherMomma]

Does anyone know the amount of time I have from when the UST files his presumption of abuse motion to when I need to have my objection filed?

And supplementary to that, does anyone have any resources that show samples, or real cases of pro se'ers responses/objections (not that share characteristics of my case, just for formatting)?

[justbroke]

Does anyone know the amount of time I have from when the UST files his presumption of abuse motion to when I need to have my objection filed?

It will either have a hearing date on it, or it will have a Negative Notice. In either case, you need to file your opposition/objection to the motion by the date on the Negative Notice or file your objection before the hearing date.

And supplementary to that, does anyone have any resources that show samples, or real cases of pro se'ers responses/objections (not that share characteristics of my case, just for formatting)?

They are pretty standard. You have PACER? Don't look at Pro Se papers... most of them are garbage. You should look at your Court's calendar, find an interesting case or three, and pull some of the pleadings. I'd look specifically to Motion to Dismiss hearings. Then just pull up that particular case in PACER and pull the relevant documents (the Motion to Dismiss from the Trustee, and the Response from the Debtor). That would have the formats.

[TeacherMomma]

I found that stuff - but since most are represented by an atty it is written (the response) "About" the debtor, as it is the attorney who is presenting it, and not "As" the debtor as it would be for pro se. Does that even make sense? I guess it feels weird to be talking about myself in the third person, or is that how it is supposed to be? For example "Comes now the debtors, so and so and so and so" and "they assert that". I mean - DUH -I know I can write it in the first person, but would that be correct? LOL

[justbroke]

I found that stuff - but since most are represented by an atty it is written (the response) "About" the debtor, as it is the attorney who is presenting it, and not "As" the debtor as it would be for pro se. Does that even make sense?

It's always written third person.

I guess it feels weird to be talking about myself in the third person, or is that how it is supposed to be? For example "Comes now the debtors, so and so and so and so" and "they assert that". I mean - DUH -I know I can write it in the first person, but would that be correct? LOL

Yep...

So it would start

COMES NOW DEBTOR, John Doe, appearing Pro Se, files this objection to TRUSTEE'S MOTION TO DISMISS UNDER 11 USC 707(b) (Doc. No. 45), and states the following;

1. DEBTOR filed the instant case on January 1, 1990.
2. DEBTOR has certain student debts in the amounts of $10,000, $40,000, $35,000, and $100,000.
3. .
4. .
5. .
6. Pursuant to local rule, a hearing on this matter should take 15 (15) minutes.

[TeacherMomma]

Thanks.

[eddiep]

Hey Teachermomma

I just wanted to pass on a little information. I recently filed an appearance pro se (not bk) and the clerk of court was amazing. She even gave us a phone number where local attorneys answer questions over the phone pro bono in my area. Maybe you could contact your clerk to see if they know of a similar service in your area. Good luck!

[TeacherMomma]

Thanks. I called a few weeks ago when I got a letter from a creditor and had a question, and asked re: pro bono, etc - and had no luck. Oh well.