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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Bankruptcy Law
Satisfied Customers: 41221
Experience:  Provide General Practice advice to my clients in my practice.
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I missed my reaffirmation court date because of illness. This

Customer Question

I missed my reaffirmation court date because of illness. This was yesterday, can I get the court date rescheduled? The reaffirmation was for my car which I want to keep. I called the court and they said the reaffirmation would be denied and could not tell me if I could reschedule. Please help, what can I do?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ely replied 5 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

I am sorry for your situation. Can you please tell me what state you are in?
Customer: replied 5 years ago.


California

Riverside - Southern California - Inland Empire
Expert:  Ely replied 5 years ago.
I am going to go ahead and opt out of your question. Your JA Account has not been charged for this conversation and your question is back in the queue. You needn't to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS unless you disable these features (do check just in case).

No need to reply as this may "lock" your question back to me, and thus delaying other experts' access to it.

Good luck.
Expert:  Dimitry Esquire replied 5 years ago.
Thank you for your question. A different expert here who will try to assist you as much as possible.

If I may ask, who specifically did you speak with? Were you in the hospital for your illness?
Customer: replied 5 years ago.
I spoke to the trustee's assistant, she could not give me an answer. My illness was a bad stomach flu with severe diarrhea. I could not leave my home because of this. This is for a Chapter 7 Bankruptcy. Somebody must have an answer for this problem.
Expert:  Dimitry Esquire replied 5 years ago.
Thank you for your follow-up.

My apologies but unless you obtain a formal medical order from a doctor stating that you had an emergency medical stay at a facility, or you were being treated, this type of an illness will likely not be excused by the courts. The way to get around this issue would be to file a petition with the judge requesting to set aside the previous date and claim impossibility, meaning that you were unable to make the hearing, and state your reasons. Please be aware that permitting this hearing is at the discretion of both the trustee and the judge, which means that if they do not find your excuse to be legitimate or sufficient, they will simply not permit a new hearing to take place.

Good luck.
Dimitry Esquire, Attorney
Category: Bankruptcy Law
Satisfied Customers: 41221
Experience: Provide General Practice advice to my clients in my practice.
Dimitry Esquire and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Your answer was more than I received from trustee's assistant. I am going to bankruptcy court to see if I can speak to the judge, if not I'll have to file for the petition. Thanks for your help in this case
Expert:  Dimitry Esquire replied 5 years ago.
You are most welcome and happy to help. The assistants cannot really give you legal advice and that may be the reason why the person did not provide you with information.

Good luck.