Lawyer or pro se
What happens when someone files a motion or an objection in your bankruptcy case?
A motion is a request to a judge for a decision on an issue in the case. The person it is aimed at must get reasonable notice and an opportunity to be heard, and the notice, the court's local rules or the judge set the actual dates. Whether and how to respond is legal advice, which court employees and judges are prohibited by law from giving, so the federal courts' recommendation to get a qualified attorney applies with full force here.1 2 3 4 5
Connect to a bankruptcy lawyerA motion or an objection, such as a trustee motion to dismiss a Chapter 13 case or an objection to your plan, turns part of a bankruptcy case into a dispute before a judge. This guide explains what these papers are, where their deadlines come from and what the rules say about responding. It cannot tell you whether or how to respond.
General information, not legal advice. Rules and amounts change; check with a lawyer or the court before you act.
In this guide
What is a motion, and what is a contested matter?
A request for a court order must generally be made by written motion that states its grounds with particularity and the relief requested. In plain terms, the paper has to say what the filer wants the judge to order and why.2 3 4
Once the request is disputed, the rules call it a contested matter: litigation to resolve a dispute before the bankruptcy court other than an adversary proceeding. An adversary proceeding is a separate lawsuit started by a complaint.1
What kinds of motions and objections come up?
The table lists kinds that appear in individual cases and what the national rules and the Bankruptcy Code say about each. Local rules and court orders can change the timing.
| Type | What it asks for | What the national rules say |
|---|---|---|
| Motion for relief from the automatic stay1 6 7 | A creditor's request to be allowed to take action against the debtor or the debtor's property that the stay would otherwise prohibit. | After notice and a hearing, the court must grant relief for cause, including lack of adequate protection, or when the debtor has no equity in the property and it is not necessary to an effective reorganization. An order granting relief is on hold for 14 days unless the court orders otherwise. |
| Motion to dismiss8 9 | An order ending the case, for example on the ground that the means test shows a presumption of abuse, or for cause such as unreasonable delay. | When income is above the state median, the U.S. trustee, bankruptcy administrator or creditors can file the motion, and the court decides. |
| Objection to exemptions1 10 | A ruling that property the debtor claimed as exempt is not exempt. | It may generally be filed within 30 days after the meeting of creditors concludes. At the hearing, the objecting party has the burden of proving the exemption was not properly claimed. |
| Objection to discharge11 12 13 1 | A ruling that the debtor should not receive a discharge. | In Chapter 7 it is made by a complaint filed within 60 days after the first date set for the meeting of creditors, which starts an adversary proceeding. |
| Objection to confirmation14 | A ruling that a Chapter 13 plan should not be approved. | It must be filed and served on the debtor and the trustee at least 7 days before the date set for the confirmation hearing, unless the court orders otherwise. |
What if the Chapter 13 trustee files a motion to dismiss?
It asks the court to end your case, or to convert it to Chapter 7. Courts allow the Chapter 13 trustee to bring this motion, and the court decides after notice and a hearing whether there is cause and which outcome is in the best interests of creditors and the estate.15 16
The response usually has to deal with the reason given. In one court, for example, the debtor may need to show current income and expenses as of a particular date, and the court offers a form declaration for that.15
- Causes the law lists include unreasonable delay that hurts creditors, unpaid required fees, failing to file a plan on time, failing to start timely payments, denial of confirmation and a material default under a confirmed plan.16
- A dismissal has a cost later. If one case was dismissed in the past year, the automatic stay in a new case generally ends after 30 days unless the court extends it.6
Where do the dates come from?
The national rule is a floor, not a calendar. By default a written motion and notice of any hearing must be served at least 7 days before the hearing date, but the court or other rules can set a different period.2 3 4
So the dates that count are the ones on the papers and in the court's local rules, which are posted on the court's website. The federal courts' forms page includes a Notice of Motion or Objection (Form 420A), the kind of document that carries those dates.5 19
When a period is counted in days, the day of the event that starts it is left out and every later day counts, including weekends and legal holidays.4
Is a written response required?
The national rule on contested matters says no response is required unless the court orders otherwise. That sentence is easy to misread. A court can set its own requirements by local rule or by order, and people who file without a lawyer are expected to be familiar with the local rules of their court.2 3 4 5
What the rules guarantee is reasonable notice and an opportunity to be heard. What follows from not using it depends on the motion and the court.2 3 4
What does responding involve?
The rules describe the mechanics. They do not supply the content, which is the legal part.
- A party without a lawyer must sign every document filed with the court, and by presenting it certifies that its factual contentions have evidentiary support.20
- A court may extend many deadlines for cause when the request is made before the period expires. After it expires, the standard is excusable neglect.4
- Papers are filed with the clerk in the district where the case is pending.21
Who can help at this point?
Clerk's office staff can explain the court's procedures and where its forms and local rules are. They cannot give guidance on whether to file something, what to write, or what to do next.22
The federal courts say people who cannot afford an attorney may qualify for free legal services, and the official form instructions suggest contacting a state or local bar association to find them.5 8 23
Common questions
What happens if I do nothing?
The judge can decide the motion. The rules require reasonable notice and an opportunity to be heard, but what follows from not responding depends on the motion and the court's local rules. Court staff cannot explain the result of taking or not taking action in a case.2 3 4 24
How long do I have to respond?
The notice, the local rules or the judge set the date. The national default is only that a motion and notice of any hearing be served at least 7 days before the hearing, and the court can set a different period.2 3 4
A creditor objected to my Chapter 13 plan. What now?
An objection to confirmation must be filed and served on you and the trustee at least 7 days before the confirmation hearing, unless the court orders otherwise. The judge then decides at the hearing, and the plan can be changed before confirmation.14 17 18
Can I ask for more time to respond?
A court may extend many deadlines for cause when the request is made before the period expires. After the period has expired, it takes a motion and a showing of excusable neglect, and some deadlines cannot be extended.4
Sources
Official courts & government references- Glossary of Legal Terms (uscourts.gov)
- Rule 9014(b)(2). Contested Matters (Cornell LII)
- Rule 9013. Motions; Form and Service (Cornell LII)
- Rule 9006(d). Computing and Extending Time; Motions (Cornell LII)
- Filing Without an Attorney
- 11 U.S. Code § 362(d) (Cornell LII)
- Rule 4001(a)(4). Relief from the Automatic Stay (Cornell LII)
- Instructions: Bankruptcy Forms for Individuals, rev. April 2025 (uscourts.gov)
- 11 U.S. Code § 707(a) (Cornell LII)
- Rule 4003(b) and (c). Exemptions (Cornell LII)
- Rule 4004(a). Granting or Denying a Discharge (Cornell LII)
- Rule 4007(c). Determining Whether a Debt Is Dischargeable (Cornell LII)
- Discharge in Bankruptcy - Bankruptcy Basics (uscourts.gov)
- Rule 3015(f)(1). Chapter 12 or 13: Objection to Confirmation (Cornell LII)
- Dismissal or Conversion: Motion by Chapter 13 Trustee (U.S. Bankruptcy Court, Central District of California)
- 11 U.S. Code § 1307 (Cornell LII)
- Chapter 13 - Bankruptcy Basics (uscourts.gov)
- 11 U.S. Code § 1329(a) (Cornell LII)
- Bankruptcy Forms (uscourts.gov)
- Rule 9011. Signing Documents; Representations to the Court; Sanctions (Cornell LII)
- Rule 5005(a). Filing Papers and Sending Copies to the United States Trustee (Cornell LII)
- Information the Clerk's Office Can and Cannot Provide, rev. 07/2025 (U.S. Bankruptcy Court, W.D. Okla.)
- U.S. Trustee Program: Means Testing (justice.gov)
- General Warning to All Parties Proceeding Without an Attorney (U.S. Bankruptcy Court, D.D.C.)