Legal Question in Bankruptcy in Massachusetts

What is a non evidentiary hearing? Who files the motion-is it the trustee? I had fallen behind on my mortgage and received a motion to foreclose. I paid the amount due by the required date but then I received this notice for a non evidentiary hearing? Can they throw out my 13 and force me out of my house? I have never missed a plan payment and my mortgage is current.


Asked on 9/22/10, 6:19 am

1 Answer from Attorneys
Dmitry Lev The Lev Law Firm

These are questions that should be answered by your bankruptcy attorney. A non-evidentiary hearing is where the parties report the status of the matters without testimony and without witnesses. An evidentiary hearing (with witnesses) may follow if necessary. The top-middle of the page of your notice of hearing will say whose motion has been scheduled for a hearing, and you should read the motion to see what they are asking the court to do.

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Answered on 9/27/10, 4:58 pm


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