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    mmjay02's Avatar
    mmjay02 Posts: 2, Reputation: 1
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    #1

    Jan 12, 2010, 08:29 AM
    What if I don't file my motion to set aside default judgment in time?
    I received a default judgment against me to evict me from my house, however on that same day I filed a Chapter 7 Bankruptcy which put a stay on the case. But my bankruptcy was dismissed because I was missing documents. Can I still file a motion to set aside default judgment even though the 21 days has elapsed to request a hearing? I'm in the state of Michigan.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jan 12, 2010, 10:49 AM

    Didn't you have an attorney handling your bankruptcy? If you did it yourself that's another story. Your attorney would know what to file to reopen the bankruptcy case to include the missing documents.
    mmjay02's Avatar
    mmjay02 Posts: 2, Reputation: 1
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    #3

    Jan 12, 2010, 03:49 PM

    I filed the bankruptcy myself, but I found all the missing forms online and have done them. But, the stay is still in place with the District Court that is trying to evict me, but there was a default judgment filed the same day I filed bankruptcy. In Michigan I believe its 21 days to respond... but since my bankruptcy was in place I didn't respond. Can I now file a motion to set aside judgment to get a hearing before the stay is lifted even though the time has elapsed for filing the motion?
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