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JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience:  Attorney in the practice of Bankruptcy Law since 1996
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I am, for reasons to complicated to explain here, filing bankruptcy

Resolved Question:

I am, for reasons to complicated to explain here, filing bankruptcy but I cannot file until 2011. I have a lawyer who is heading off the calls for payments, and I appreciate that but he is a short tempered individual and apparently doesn't want to hear from me until it is time to file, even tho I have already sent him a third of his fee. Anyway I hope you can answers some of my questions that he is too busy or too rude to answer. I am terrified, I got a summons for small claims court and I was told by him just don't go to court and that was it...not wanting to infuriate him further and being a mild mannered person , I was flabberghasted and was so upset that he was yelling at me that I couldn't ask him another thing. The court hearing was yesterday and I did not go. Today I got a judgement against me with a Payment Review scheduled for 4/9/09 and it says that if I don't go I MAY have an arrest warrant issued against me...Can I go to jail, or is this just a scare tactic? Thanks
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 8 years ago.

It is not a scare tactic: the Payment Review hearing, called a "proceeding supplemental" in some States, is a hearing to which the defendant is ordered to appear to discuss how the judgment will be paid. Failure to appear can constitute contempt of court for disobeying the order to appear, and this you can be arrested for the contempt.

So, normally defendants HAVE to appear at these hearings and discus how much they can afford to pay toward the judgment. Many defendants attend the hearing and tell the judge they can afford $20/mo, $50/mo, $100/mo, etc, as the case my be, and then set up payments in that amount. The payments can end when the defendant actually files their bankruptcy case.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

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