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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15651
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I live in Colorado and need to file an adversary proceeding

Customer Question

I live in Colorado and need to file an adversary proceeding in a Washington State Bankruptcy case. I'm thinking of doing this pro se, as I've been quoted $2,500 for a BK attorney to do this. I need to know: 1. How many hours are typically expected to complete an adversary proceeding (for attorney billing purposes). 2. What is involved in filing this type of proceeding, and 3. If bankruptcy is under Federal court, why does each state have individual laws regarding filing bankruptcy?

Thank you so much!
Submitted: 8 months ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 8 months ago.

WALLSTREETESQ :

This is a complicated Court proceeding,

WALLSTREETESQ :

1. For an attorney to file and appear in court for such a proceeding expect 20 hours worth of time at the minimum, as there also may be a hearing

WALLSTREETESQ :

2. In terms of what you can do,

WALLSTREETESQ :

In an adversary proceeding a can start the proceeding by filing a Complaint with the Clerk of the Bankruptcy Court. The complaint must set forth matters related to jurisdiction and venue and state the petitioner’s claims and the relief he seeks.

The complaint, along with a Summons in Adversary Proceeding, must be served on all named defendants within 10 days of the date the Summons was issued. Once served, the defendants must file an Answer within 30 days of the date the Summons was issued. The defendants must also serve a copy of the Answer on the debtor.

WALLSTREETESQ :

The bankruptcy court will hold a pre-trial conference after an Answer has been filed. The purpose of the pre-trial conference is to discuss scheduling, the possibility of settlement, and other relevant matters. After the pre-trial conference, the court will enter a Pre-trial order which will govern all subsequent matters, including the exchange of exhibits and witness lists.

If the parties are unable to settle the matter, it will go to tria

WALLSTREETESQ :

3. The Federal bankruptcy law governs much of the process, each local bankruptcy Court has there own rules of procedure, but the law and forms are governed by the Federal rules,

WALLSTREETESQ :

The links above should be used as samples on how to do this,

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask.

If satisfied please provide us with positive feedback, thank you

Customer :

Would I need to appear in court? I am a creditor in my ex-husband's bankruptcy filing, and he's trying to discharge several debts from our divorce decree that he hasn't yet satisfied. None are listed under maintenance. One is under "other terms" and he was to pay my health insurance premiums for a period of time. The other debts are unpaid taxes and a large sum we borrowed from my parents when we were first married. The last is what I'm most interested in protecting (I have POA for my parents, and a local court has awarded me an Order of Entry of Judgement for both amounts as I intended to garnish him). I can't pay the $2,500 a Washington attorney is asking to file this for me, is there any other way I can do this?

WALLSTREETESQ :

Yes you would have to appear,

WALLSTREETESQ :

however debts incurred as part of a divorce are not automatically discharged,

Customer :

My understanding is if they are listed as Maintenance or Support they wouldn't be discharged. But as mine are listed under Other Debts and Other Terms, I've gotten mixed answers

WALLSTREETESQ :

I would go to the local Family court, and have the Judge force him to justify his actions,

WALLSTREETESQ :

Bankruptcy law reforms make non-support obligations from a divorce non-dischargeable in a case. As the spouse who's owed, you have to show that the discharge of the obligation would harm you more than it would harm your ex-spouse. Non-dischargeable means your ex-spouse is still responsible for it.

You should file a complaint in bankruptcy court to get your property settlement debt excepted from discharge. If you don't file a claim with the bankruptcy court, the debt may be wiped out, and you won't be able to collect it later.

WALLSTREETESQ :

I would contact the Bankruptcy court as well, and advise them you want to file a complaint,

WALLSTREETESQ :

they may help you do it pro bono,

Customer :

I have two contempt charges against him, and a bench warrant for his failure to appear. Can the local magistrate that issued those contempts and Order of Entry of Judgement file something for the BK court for him to pay?

WALLSTREETESQ :

yes, that may be your best option,

WALLSTREETESQ :

however do contact the bankruptcy court,

WALLSTREETESQ :

they may allow you to file a complaint,

WALLSTREETESQ :

You should have filed a proof of claim for any debts he is trying to discharge as well.

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask,

Expert:  WALLSTREETESQ replied 8 months ago.
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Expert:  WALLSTREETESQ replied 8 months ago.
If you have any further questions please do not hesitate to ask, if satisfied please provide us with positive feedback, thank you

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