Served with AP objection to discharge

[bleve]

Could someone explain the procedure. Do the Plantiffs do discovery, depositions etc... Similar to a civil suit? How long does it last from start to finish? Does the judge render a decision immediately or in writing?

Im in CA

Thanks

[HHM]

Yes, an AP is like a civil suit, it can take many months, there is a discovery phase and a trial. (if it actually goes that far).
However, you will need to file a response, if you don't, the court will enter a default judgment against you.

[highlife]

Who presides over the AP? Is it the trustee, BK judge, civil judge? Is it better for this kind of thing to happen inside the BK court, than outside of it? I know one creditor will do this to me, so just trying to get prepared for it. Do they supenoa witnesses, contact other people, or is it just a document thing?

[HHM]

Who presides over the AP? Is it the trustee, BK judge, civil judge? Is it better for this kind of thing to happen inside the BK court, than outside of it? I know one creditor will do this to me, so just trying to get prepared for it. Do they supenoa witnesses, contact other people, or is it just a document thing?

AP's are presided over by the BK Judge. AP are specific to bankruptcy court.

Aside from being held in BK court, an AP is a lawsuit like any other. If a one side or the other requires witnesses for their case, they can be subpoenaed, you do depositions.