Non evidentiary hearing in MA bankruptcy?

Submitted by Anonymous on Sat, 12/18/2010 - 14:42

Posted in

MA Bankruptcy Law Questions and Answers

I'm in the middle of a chapter 13 bankruptcy in Massachusetts and I'm having a little trouble with payments for the mortgage. I fell behind then paid up. So far I've not missed any of the bankruptcy plan payments but yesterday I got a notice of a non evidentiary hearing. I don't know what this is or who filed it but I'm worried that because I fell behind on my mortgage that the lender might try to take the house. Any thoughts?

Non evidentiary hearing in bankruptcy

Submitted by Attorney Kovacs on Sat, 12/18/2010 - 15:33.

There is no way to know what the hearing is regarding. Most litigated bankruptcy matters begin with a “non evidentiary” hearing. As the name implies there is no evidence shown to the Court at the hearing, if evidence will need to be presented the Judge will order a full trial or evidentiary hearing on the matter. Look of the form you got from the Court and see what it says the hearing is over. You may also want to consider hiring a lawyer to give you more specific advice. Best wishes.

Attorney Robert Kovacs

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