This is a procedure question more than anything, but I need an answer and I'm not going to get one on the BK board or the litigation board, and I need to get my damned support released from this limbo, so I need a little effing help ... that's why I'm trying now posting it here...
I can't afford the filing fee for the Motion for Relief of Stay, so I asked the clerk if I could file a motion asking for an order waiving the $150 fee and she said I can make a motion for anything, doesn't mean I'll get diddly. So I'm giving it a whirl.
Question is, if I file the fee waiver motion and attach the Mo for Relief as an Exhibit, am I in violation of some rule of court? The judge has been begging me to file this Mo for Relief, and it explains everything (including why I don't even have $150 crummy bucks for a filing fee), and it is certainly the SUBJECT of the motion for fee waiver, so it seems like it SHOULD be attached, though without its exhibits. But is that unkosher for any reason? I don't know why this seems wierd to me. I'm making it up as I go. I'd love to go ahead and put it on there and let him have a look at it while I wait to figure out the fee problem, but I don't want to commit some procedural sin...
Any mercy here would really be appreciated.
If it matters...This is the fee waiver motion I made up...
Comes now Anabanana, in pro se, and herewith requests an order waiving the standard fee for filing a Motion for Relief from the Automatic Stay, and as grounds therefor, states as follows:
1. The fee for filing a Motion for Relief of Stay is $150.
2. Creditor is without counsel and is attempting to refinance her home in an effort to acquire some funds with which to retain an attorney.
3. Creditor has already exhausted all resources in attempting to preserve and defend her interests with respect to the above-referenced bankruptcy, and continues to struggle to do so, but can proceed no further without relief from the automatic stay.
4. The bankruptcy court does not offer a standard fee waiver program for indigent or low-income litigants, such as is available in various other courts.
5. No low-cost or pro bono assistance is available for bankruptcy creditors as is available for debtors.
6. Creditor has prepared a Motion for Relief from the Automatic Stay (Exhibit A, attached), but the filing fee represents an insurmountable barrier to the Creditor proceeding, and hence, serves to deny her access to the protections of the court.
WHEREFORE, in the interests of equity and justice, Creditor requests that the Court issue an order waiving the filing fee for the Motion for Relief of Stay so that the Motion may be filed.
I can't afford the filing fee for the Motion for Relief of Stay, so I asked the clerk if I could file a motion asking for an order waiving the $150 fee and she said I can make a motion for anything, doesn't mean I'll get diddly. So I'm giving it a whirl.
Question is, if I file the fee waiver motion and attach the Mo for Relief as an Exhibit, am I in violation of some rule of court? The judge has been begging me to file this Mo for Relief, and it explains everything (including why I don't even have $150 crummy bucks for a filing fee), and it is certainly the SUBJECT of the motion for fee waiver, so it seems like it SHOULD be attached, though without its exhibits. But is that unkosher for any reason? I don't know why this seems wierd to me. I'm making it up as I go. I'd love to go ahead and put it on there and let him have a look at it while I wait to figure out the fee problem, but I don't want to commit some procedural sin...
Any mercy here would really be appreciated.
If it matters...This is the fee waiver motion I made up...
Comes now Anabanana, in pro se, and herewith requests an order waiving the standard fee for filing a Motion for Relief from the Automatic Stay, and as grounds therefor, states as follows:
1. The fee for filing a Motion for Relief of Stay is $150.
2. Creditor is without counsel and is attempting to refinance her home in an effort to acquire some funds with which to retain an attorney.
3. Creditor has already exhausted all resources in attempting to preserve and defend her interests with respect to the above-referenced bankruptcy, and continues to struggle to do so, but can proceed no further without relief from the automatic stay.
4. The bankruptcy court does not offer a standard fee waiver program for indigent or low-income litigants, such as is available in various other courts.
5. No low-cost or pro bono assistance is available for bankruptcy creditors as is available for debtors.
6. Creditor has prepared a Motion for Relief from the Automatic Stay (Exhibit A, attached), but the filing fee represents an insurmountable barrier to the Creditor proceeding, and hence, serves to deny her access to the protections of the court.
WHEREFORE, in the interests of equity and justice, Creditor requests that the Court issue an order waiving the filing fee for the Motion for Relief of Stay so that the Motion may be filed.