Objection to Chapter 7 Bankruptcy

[AKEMP]

What is the name of your state?

i am in virginia. i filed an objection to a chapter 7 bankruptcy. neither the debtor nor his attorney filed a motion or answer by the required due date of 2/12/03. while researching to determine my next step, i came across a standard caption to be used when filing the complaint. can my objection be dismissed on a technicality since the standard caption wasn't used and if so, can i file an amendment to the complaint which includes the caption?

 

[HomeGuru]

What is the name of your state?

i am in virginia. i filed an objection to a chapter 7 bankruptcy. neither the debtor nor his attorney filed a motion or answer by the required due date of 2/12/03. while researching to determine my next step, i came across a standard caption to be used when filing the complaint. can my objection be dismissed on a technicality since the standard caption wasn't used and if so, can i file an amendment to the complaint which includes the caption?

**A: explain.

 

[AKEMP]

my son's father filed chapter 7 bankruptcy. not only does he owe me nearly $9,000 in back child support, (sadly, this amount is due to required support of $108.50 per month) he also owes me an additional $9,700 for a judgment i won against him in a civil suit (not related to child support at all). i objected to his bankruptcy for numerous reasons, with the most important complaint being numerous false accounts contained within the required schedules that were filed regarding his assets and financial situation. this guy was so bold as to state during the meeting of creditors that he did not include a third vehicle as an asset because "it was sentimental". he also failed to diclose additional income. having had a personal relationship with him in the past, i was able to not only point out the discrepancies to the trustee but i have the proof as well. so, i filed the objection and they (debtor and attorney) failed to file an answer to my complaint by the required deadline. i recently found the standard caption (this is basically a heading to the complaint, i.e. the name of the bankruptcy court and district, debtor's name, case number and the word "complaint") i do not want to change anything other than the caption. it's basically just a heading. is this a technicality that may have my objection dismissed and if so can i file an amendment to include the correct "heading"?

 

[Ladynred]

Have you tried contacting the court clerk to find out if your objection was accepted missing the correct caption ? You could also check the local rules for the BK court and see if the correct caption is a 'must have' and therefore an automatic 'killer' of your petition.

 

[AKEMP]

Thanks for your response. Yes, the clerk did in fact accept my objection without the caption. A summons was then generated and forwarded to the debtor, his attorney and the trustee. I received a call from an attorney this weekend who advised me that if the clerk accepted the objection without the caption and the fee associated with it, then I should not worry. Upon his advice, I will now be submitting a motion to the clerk requesting an "entry of default". Again, thanks for your help.