Legal Question in Bankruptcy in Massachusetts

Nonevidentiary hearing for dismissal of Chapter 13 bankruptcy case

I previously received a notice for a motion dismissing my Chapter 13 bankruptcy. My attorney filed an objection to themotion and today I received a notice for an NONevidentiary hearing regarding the motion to dismiss the Chapt 13 bankruptcy. Do I have to attend the evidentiary hearing or is it taking place and I will hear the results?

Also on the notice of the NONevidentiary hearing there is a spot for an Objection/Response Deadline and nothing is written in this section, there is a note stating that if it is left blank the response deadline shall be governed by the Local Rules? Could you also tell me what the ''local rules'' means? Thank you.


Asked on 5/29/08, 3:36 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Nonevidentiary hearing for dismissal of Chapter 13 bankruptcy case

"Non-evidentiary hearing" just means that the attorneys will go in front of the judge and basically discuss the matter with the judge. It is NOT the same thing as a trial, and unless your attorney tells you other wise, you are not required to attend. BE CAREFUL, HOWEVER, AND DO WHAT YOUR ATTORNEY TELLS YOU TO DO. Usually the trustee's motion is based on failure to make the required payments or something that is relatively easy to fix. The trustee rarely pushes hard to dismiss a case. Work with your attorney to fix the problem and you should be ok. Best wishes!!

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Answered on 5/29/08, 5:20 pm


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