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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 13135
Experience:  B.A.; M.B.A.; J.D.
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i need help with a case management order i received

Resolved Question:

i need help with a case management order i received
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  CriminalDefense replied 2 years ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

 

What is your question? What does the order say?

Customer: replied 2 years ago.

I filed bancrupcy pro se nov 2011.

i received a discharge letter from the courts in February.

In January I received an order to appear in court vs on of the vendors.

I assumed that the discharge included them because there was nothing to indicate otherwise.

i received a letter from the vendor requesting that i call them and i responded via fax that my debt was discharged.

today however it appears that there was a hearing on May 2nd that I did not attend and I received a case management order to respond to in 10 days.

i do not know what to respond. should i get a lawyer?

Expert:  CriminalDefense replied 2 years ago.
Ill opt out and let a BK attorney answer this for you. Please hold on.
Customer: replied 2 years ago.

thanks

 

Customer: replied 2 years ago.

i will hold

 

Customer: replied 2 years ago.

how long is the wait?

 

Customer: replied 2 years ago.

So the order says.

pursuant to FED R Bankr p 7026,fed r civ p 26 applies. the parties shall make the initial disclosures required by fed r civ p 25 a) 1 within 10 days after the date of this case management order

Customer: replied 2 years ago.

how does this work?

do i get a credit?

 

Customer: replied 2 years ago.

I guess this is closed?

 

Expert:  Phillips Esq. replied 2 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

Hello, I ama bankruptcy attorney and I am just seeing your post now. Do you still need help?

If so, could you clarify these things for me:

It appears that the vendor filed for Adversary Proceeding in this case objecting to the Dischargeability of its debt, if so, did you list the vendor in your bankruptcy case?

When did the vendor file objection to the dischargeability of the debt?

When was your Section 341 Meeting held?

I need specific dates. Thanks!

Customer: replied 2 years ago.

I listed them when I filed in November 9th 2011.

I received my hearing date for Decmber 19th 2011.

I received a letter from one of the vendor's attorney's on decemcer20th 2011 stating that I used my credit card in the presumption period.

On Feb 12th 2012 I received notice toof abandment for my home.

on jan 20th 2012 i received a letter from the courts with a hearing date of may 2nd, which i responded to them and the plaintiff explaining that the purchase occured prior and it was not avoidable.

on feb 26th 2012 I received a discharge letter to debtors

on march 5th2012 i received a letter from the palintiff's lawyers asking to call them.

i wrote a letter sating that my debt has been discharged.

therefor i did not go on May 2nd.

On may 3rd 2012 i recieved this from the courts

pursuant to FED R Bankr p 7026,fed r civ p 26 applies. the parties shall make the initial disclosures required by fed r civ p 25 a) 1 within 10 days after the date of this case management order

it seems that i need a lwyer so i emailed you guys to see if i do need one

 

Expert:  Phillips Esq. replied 2 years ago.

Thank you for the clarification:

I listed them when I filed in November 9th 2011.

I received my hearing date for Decmber 19th 2011.

I received a letter from one of the vendor's attorney's on decemcer20th 2011 stating that I used my credit card in the presumption period.

On Feb 12th 2012 I received notice toof abandment for my home.

on jan 20th 2012 i received a letter from the courts with a hearing date of may 2nd, which i responded to them and the plaintiff explaining that the purchase occured prior and it was not avoidable.

on feb 26th 2012 I received a discharge letter to debtors

on march 5th2012 i received a letter from the palintiff's lawyers asking to call them.

i wrote a letter sating that my debt has been discharged.

therefor i did not go on May 2nd.

On may 3rd 2012 i recieved this from the courts

pursuant to FED R Bankr p 7026,fed r civ p 26 applies. the parties shall make the initial disclosures required by fed r civ p 25 a) 1 within 10 days after the date of this case management order

it seems that i need a lwyer so i emailed you guys to see if i do need one




Response: You have been doing great handling the case on your own. So, you do not need an attorney.



A creditor must object to the dischargeability of its debt within the time specified on the Section 341 Meeting Notice or forever be barred from asserting a claim in the future. Creditor's attorney's letter to you is not the same thing as filing Objection to Dischargeability of the Debt. If the attorney never filed any Objection with the Court and you received a Discharge Order from the Court, then the creditor cannot initiate adversary proceeding to object to the dischargeability of the debt. So, your main defense here would be that the creditor's objection has been time barred. It was supposed to be within 60 days after the conclusion of Section 341 Meeting. Second, the creditor's objection is without merit because you did not purchase the item within the presumption period.



Contact the Clerk's office and ask for the Docket Clerk for your case and let him or her know that a mistake has been made in issuing the Rule 7026 Order because the debt in question has already been discharged by the Court.

Customer: replied 2 years ago.

what is presuption period? the purchaes occured October 26th and I filed Nov 9th.

also do i contact the docet .... via letter or call?

 

Expert:  Phillips Esq. replied 2 years ago.

what is presuption period? the purchaes occured October 26th and I filed Nov 9th.

 

 

 

Response 1: Purchases made within 90 days of the filing of the bankruptcy case. In any event the presumption period would no longer be relevant here if the creditor did not file objection to the Dischargeability of the debt within deadline give on your Section 341 Meeting Notice. This used to be within 60 days from the conclusion of Section 341 Meeting. In any event, the deadlines that control are the ones listed on the first page of your Section 341 Meeting Notice. So, you need to review the Notice and proceed accordingly.

 

 

 

also do i contact the docet .... via letter or call?

 

 

 

Response 2: You need to call the Bankruptcy Court and speak with the Docket Clerk on your case.

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 13135
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 2 other Bankruptcy Law Specialists are ready to help you

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