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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2517
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I have just recieved a Summons and Notice of Pretrial Conference

Resolved Question:

I have just recieved a Summons and Notice of Pretrial Conference In An Adversary Proceeding Reissued. I must either file a motion or answer to the complaint within 30 days. The pretrial conference is scheduled for May 13. What do I need to do?

Here is the situation. My husband and I filed for Chpt 7 earlier this year. It turned out that we were not eligible for a Chpt 7 because we had already had a Chpt 7 discharged less that 8 years ago. We then tried to switch to a Chpt 13 but are having trouble negociating with some of our creditors. By the time the pretial conference is held in May, we will be eligible for a Chpt 7. What do I need to tell the court had how do I do that?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 3 years ago.

Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

First off, with a conversion, the filing date is the original filing date, so, unless your case is dismissed, you cannot re-convert back to the chapter 7 at that time. if the case gets dismissed, then you can re-file a new chapter 7 after the 8 year timeline has passed.

Terry L. :

As for the adversary, who is objecting? You should file an answer thru your lawyer by the required date to defend the adversary.

Terry L. :

This is a mini-trial inside your bankruptcy to determine the dischargeability of a debt.

Terry L. :

The creditor has the burden to prove the case, so work with your lawyer to provide them the facts necessary to fight this.

Terry L. :

Worst case, you won't discharge this debt, and any unpaid balance will be remain after the ch13.

Terry L. :

Best case, is that the debt is dischargeable, and you can pay it the plan percentage, and the rest is discharged upon completion of the case.

Terry L. :

Thanks for your question, good luck

Customer:

Is this still a chapt 7 since we never converted to a chpt 13? We have never filed any paperwork to that effect with the court.

Terry L. :

yes, if you did not convert, and the US trustee did not convert you on it's own motion, then you are still in a ch7. nothing changes fact wise. You will get a motion to dismiss shortly though.

Customer:

The Adversary Proceeding is between my husband and I and the United State Trustee. It is for a complaint to deny discharge. I am presuming that is because at the time we filed we were ineligable. Do I understand what you said correctly, that is. Our current case will be denied and then we will have to file an new chpt 7? How to I need to respond in the meantime?

Terry L. :

i see. then this is the motion i was referring to.

Customer:

Since the court date isn't until May -- and we will be eligible for Chpt 7 at that time can we ask the court to continue our case so we don't have to refile?

Terry L. :

if you wish to file later, you can talk with the trustee, explain your mistake, and tell them you do not object to the denial of discharge is fine, or a dismissal is fine too. Just be sure to make sure you aren't slapped with a bar to refile...they normally are for 6 months if they are asked for.

Terry L. :

no. the filing date is the effective date, which is less than 8 years from the filing of the first case.

Terry L. :

So continuing won't do any good in this case

Customer:

What is a bar to refile?

Terry L. :

a bar prohibits you from filing again, for a set time.

Customer:

Is a bar manditory in WA? I thought I saw something like that somewhere.

Customer:

Also, do we just show up on the date?

Terry L. :

it depends on the order allowed by the judge. you can appear, and request no bar date. They are mandatory on a voluntary dismissal (brought by you) when the automatic has been modified by a creditor already.

Terry L. :

thanks for your question, good luck

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2517
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
I hope that I haven't sent this to you 2x before. I just talked with the case manager. He was pretty unhelpful. Still need to know the following. Does my husband have to be at the pretrial conference. He is a long haul trucker and it's very hard for him to get time off in this state. And, do I have to file anything with the court before the conference?
Expert:  Terry L. replied 3 years ago.
If you wish to fight it, you should file an answer to the complaint, setting out the reasons you believe you should prevail. You should both attend the hearing.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2517
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.

When you said this about a bar to refile:

"They are mandatory on a voluntary dismissal (brought by you) when the automatic has been modified by a creditor already."

 

That means that the judge has to bar refiling for a specific time if my husband and I ask for the dismissal. Right?

 

Since we aren't asking for it and since no creditor has stepped forward, does that mean that we have a chance for the judge to let us refile as soon as we are eligible?

Expert:  Terry L. replied 3 years ago.
Yes, it would be likely that you are dismissed with no issues on refiling.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2517
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you

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