No reply to our AP Answer...what happens next?

[researchnerd]

Here's the situation so far:

- AP filed by secured creditor (Havertys furniture) on bar date, 10/25. We purchased the furniture on store credit about 115 days before filing Ch13. Havertys claimed that we did not reaffirm and "refused" to surrender to collateral (they never asked), and asked that their part of the debt should not be discharged. They demanded payment in full of the original debt, even though we made a few payments, plus attorney and court fees.

- Our Answer filed 11/24. We simply admitted that we did not reaffirm, denied the rest, and requested dismissal of the case.

- Due date for reply 12/13 (yesterday) - none received.

What happens next? Is there likely to be a hearing, or just a determination by the judge?

[HHM]

An Answer does not normally need a reply. The next phase of the case would be a pre trial scheduling conference.

[researchnerd]

Ah. At first I thought..."Pre trial? There's an actual trial, with a jury?" but then I found this, which makes it sound more like a hearing:

In a civil pretrial conference, the judge or magistrate, with the help of the attorneys, may (1) formulate and simplify the issues in the case, (2) eliminate frivolous claims or defenses, (3) obtain admissions of fact and documents to avoid unnecessary proof, (4) identify witnesses and documents, (5) make schedules for the submission of pretrial briefs and motions, (6) make rulings on motions submitted before the conference, (7) set dates for further conferences, (8) discuss the possibility of a settlement, and (9) discuss the consolidation or management of large, complex cases. After the conference, the judge or magistrate issues an order reflecting the results of the conference, and the order controls the future course of the case.

Is this generally fairly quick and painless, or something I need to worry about? Arrgghh. I really just want this over with already.

[researchnerd]

Here's an update for anyone who wants to know the next step in the process:

Late last week, an Order And Notice Of Status Conference was filed by the bankruptcy judge. This specifies:

• A date, place and time for a status conference on the complaint (late January, judge's chambers).
• An order that both attorneys must confer and try to settle the case in good faith -- no less than 14 days before the scheduled conference. The plaintiff's attorney is directed to initiate the negotiations.
• An order that both attorneys must file a joint statement certifying that they have held a conference. The statement must state the opinions of each as to the prospects for settlement, any issues that hinder settlement, whether they need to meet again, and whether they want to meet in court to work it out -- no less than 5 days before the scheduled conference.

My interpretation is... the two attorneys need to try to work it out between themselves, and involve the court and judge as only a last resort. For those who have experience with this...does this sound about right?

Is it just me, or does this sound like a mommy with two bickering children?

[HHM]

Ah. At first I thought..."Pre trial? There's an actual trial, with a jury?" but then I found this, which makes it sound more like a hearing:



Is this generally fairly quick and painless, or something I need to worry about? Arrgghh. I really just want this over with already.

Yes, fairly painless for basic AP's, the Plaintiff attorney will handle the nuts and bolts.

[HHM]

Here's an update for anyone who wants to know the next step in the process:

Late last week, an Order And Notice Of Status Conference was filed by the bankruptcy judge. This specifies:

• A date, place and time for a status conference on the complaint (late January, judge's chambers).
• An order that both attorneys must confer and try to settle the case in good faith -- no less than 14 days before the scheduled conference. The plaintiff's attorney is directed to initiate the negotiations.
• An order that both attorneys must file a joint statement certifying that they have held a conference. The statement must state the opinions of each as to the prospects for settlement, any issues that hinder settlement, whether they need to meet again, and whether they want to meet in court to work it out -- no less than 5 days before the scheduled conference.

My interpretation is... the two attorneys need to try to work it out between themselves, and involve the court and judge as only a last resort. For those who have experience with this...does this sound about right?

Is it just me, or does this sound like a mommy with two bickering children?

Not quite. The case in on the docket.

Basically, the judge is saying you guys need to have your pre trial conference.

Keep min mind, hearing/trial are used interchangeably in BK court. If your cases goes all the way, there WILL BE TRIAL. Evidence will be presented and witnesses called. It's just that there is no jury. The jury is the BK judge.