Objection To Discharge By Creditor

[colemcl]

I have never hired an attorney before so the fee that you stated is that something that has to be paid all at once?

[justbroke]

I have never hired an attorney before so the fee that you stated is that something that has to be paid all at once?

Depends on your lawyer. They usually will accept an initial retainer, which is usually less than the full amount. They then require the payment of the entire fee before they'll file your case. This is especially true in Chapter 7 cases, since the lawyer needs to be paid before you file, less he will get nothing.

[music12]

justbroke is right, but since colemci has already filed, his situation will be different.

it will be a negotiation with the lawyer. if the lawyer thinks like all of us here, he may believe that all this would take is a firm phone call to this creditor. i don't think any lawyer would take more than $500 for something like that. you could discuss your options with a few lawyers, and see what they suggest. the initial consultation should be free. bring your petition along with this creditor's papers to your initial consultation and see.

[Phil]

Colemcl...I know money is tight, but the money you will pay an attorney will be far less then paying off $25, 000.00. There will be someone who will work with you, start calling local BK attorneys and ask them what they would charge to send a letter challenging the creditors claim. That will cost you less then settling.

[music12]

phil is right on the money.

however, i think may be better to set up a face-to-face consulation, just say it's about bankruptcy, and then tell them the situation face-to-face. you'd get a lot more out of it that way. but you don't have much time because there is already a deadline looming for your objection. so start setting up appointments right now. talk to 2-3 attorneys over the next few days, then decide what to do.

[colemcl]

thanks everyone for your help, I will start trying to setup appointments.

[PdxDavid]

Thanks for the rapid response. It's an order extending time to file a complaint objecting to discharge.(rule 4404(b)). It says that various discrepancies have been noted on the Debtor's schedules concerning assets, income, and expenses that they have been unable to resolve. It says they want to take a 2004 exam of me so that a proper decision can be made prior to filing a complaint. It says that through, has advised me that they may have a factual and legal basis for the filing and prosecution of a complaint objecting to discharge of debts. It also says that in order to allow them sufficient time to see if a resolution, without litigation, can be reached, ir is requested to extend the deadline for the filing of complaintsfor determination of nondischargeability of debts and discharge be extended for a period of 60 days. There's a deadline for opposion papers and request for a hearing which is 15days. Am I suppose to submit something or just leave it? I am so confused about this whole process.

Sounds like, for one reason or another, they do not believe the numbers that you have entered on your Bankruptcy papers. It looks like they want to question you about the numbers and then decide weather or not to proceed and they want time to make those decisions.

You did say that you already filed, right? Did you have a 341? Were there objections? If you filed Pro Se (yourself) there is a good chance (intentional or not) that there were mistakes.

When you filled out the loan paperwork or the agreement when you said you would pay it back and defaulted. Did you or they fudge any of the numbers regarding your expenses or income?

[paralegal]

I think this creditor knows this creditor knows you don't have a lawyer. This debt is dischargeable in bankruptcy but what they are trying to do is trying to trick you in paying the debt. Ask the court's clerk what you got to do.

WRONG answer. A court clerk cannot and WILL not give the debtor an answer on "what to do". Why? Because that is considered as unauthorized practice of law.

Go to your attorney that handled your bankruptcy and ask that person what the next step is...or pick up a good bankruptcy book from a REPUTABLE publisher like Nolo.

[music12]

"paralegal", this thread is many months old... i see you are new here - so in future please check the dates on posts before responding to them

[scorpiogirl9]

I'm new here too. I didn't know there was a rule about not being allowed to post on an old thread. What's the expiration timeframe (I assume you're a moderator)?

[lrprn]

I'm new here too. I didn't know there was a rule about not being allowed to post on an old thread. What's the expiration timeframe (I assume you're a moderator)?

Music12 is just one of our regular knowledgeable members who is aware of the forum guidelines - thanks for the assist, M12!

The rule about posting to old threads is as follows: "All BF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so." All members are supposed to review all the forum rules to join. A link to the forum rules are posted at the top of every forum area - here's the link - http://www.bkforum.com/announcement.php?f=7

New interpretations of the bk law happen all the time as cases are decided by bk judges across the country. This rule exists so that old threads with outdated information in them that is no longer accurate don't get dredged up and confuse members. Also most of the people posting in these old threads have already moved on and won't see any questions asked or advice offered.

We mods use our best judgment regarding how old the thread is and whether it makes sense to resurrect it or not. One thing for sure - any thread that's been dead without posts for more than 4-6 months is too old in any forum area outside the Ch 13 area. Best to start a new thread to ask a question or offer advice in specific situations.