Went to court today to prevent a judgement

[niteflytes]

Yesterday I filed my chpt 7 BK...I signed all the paperwork and did the counseling at the lawyers office. Paralegal advised I show up at court today just to make sure they know I filed so I don't get arrested for not showing up.

Anyway, showed up at court. The ex-landlord's attorney talked to me, verified my name, address, phone #, employer, etc. then asked me how I planned to pay this debt. I told him that I filed BK yesterday, that I signed the papers and did the counseling. He had the nerve to try and tell me I hadn't "really" filed and that I'm not filed until I have something in writing from my lawyer stating I filed. I stressed to him that I really did file, I paid my lawyer in full, yadda yadda yadda. He again tried to argue that I didn't really file yet and went on to say that people tell him they have filed BK all the time and it drags on for weeks and he could have garnished their wages, etc. I told him that is not going to happen in my case because I FILED and he can't garnish my wages. He said he wants it in writing. I told him I'm sure my attorney knows that they need to give you proof and I'll make sure you get it. Then I politely shook his hand and wished him a good afternoon.

I called my lawyers office and told them the line of BS this attorney fed me and reminded them to send him the proof that he wants. I guess he thought when he saw me that I had "sucker" tattooed on my forehead and he'd be able to intimidate me!

niteflytes

[SinkingFast]

Sounds like your paralegal knew this attny and how he might react.

Some people's reputations precede themselves!

I'm sure he has heard that "excuse" before. "I filed BK" what ever day.

Glad you stood your ground, shook his hand, and left him wagging his tail!!

[HHM]

Umm, did you actually file a notice of BK with the Court clerk...did you go in front of the judge and tell him/her you filed BK.

If not, you may get an unexpected surprise in the mail, a judgment.

[SinkingFast]

Umm, did you actually file a notice of BK with the Court clerk...did you go in front of the judge and tell him/her you filed BK.

If not, you may get an unexpected surprise in the mail, a judgment.

Good point, HHM.

We lay people forget that the Court does have these types of rules.

I took a petition from our neighborhood to Court one day regarding the rezoning of some land in our area. I knew to have the Statement clearly typed at the top of each page, but I didn't know I was supposed to file the Petition with the Court Recorder.

Some nice gentleman took the Petition, properly filed it for me, made copies for the County Commissioners and myself, and gave me a Court Certified copy.

It was a smaller County Court in a mostly rural County, so I guess they were used to bumpkins like me. I can well imagine that in larger, more formal Courts, a last minute Petition would not have been so easily, duly filed.

[niteflytes]

Um, no, I didn't file a notice nor did I go in front of the judge. The paralegal didn't give me any paperwork to take to the court. Should I call my lawyer tomorrow?

[HHM]

In the long run, it won't be an issue. It will just take a little longer to undo than if you had showed up with your certificate of filing at the hearing.

[GoingDown]

Yesterday I filed my chpt 7 BK...I signed all the paperwork and did the counseling at the lawyers office. Paralegal advised I show up at court today just to make sure they know I filed so I don't get arrested for not showing up.
Anyway, showed up at court. The ex-landlord's attorney talked to me, verified my name, address, phone #, employer, etc. then asked me how I planned to pay this debt. I told him that I filed BK yesterday, that I signed the papers and did the counseling. He had the nerve to try and tell me I hadn't "really" filed and that I'm not filed until I have something in writing from my lawyer stating I filed. I stressed to him that I really did file, I paid my lawyer in full, yadda yadda yadda. He again tried to argue that I didn't really file yet and went on to say that people tell him they have filed BK all the time and it drags on for weeks and he could have garnished their wages, etc. I told him that is not going to happen in my case because I FILED and he can't garnish my wages. He said he wants it in writing. I told him I'm sure my attorney knows that they need to give you proof and I'll make sure you get it. Then I politely shook his hand and wished him a good afternoon.

I called my lawyers office and told them the line of BS this attorney fed me and reminded them to send him the proof that he wants. I guess he thought when he saw me that I had "sucker" tattooed on my forehead and he'd be able to intimidate me!

niteflytes

Based upon the questions asked by the lawer-- wanting to know about your employment situation, how you intend to pay, and threatening garnishment of wages-- it sounds like this person might already have a judgment against them.

Was this for a lawsuit, or was this for some post-judgment hearing, such as a judgment debtor exam?

Your paralegal should have known that you won't be arrested for not showing up for a lawsuit.

[Spartan]

hmmm... if you don't show up for a lawsuit, then you just lose by default.

OTOH, you could be held in civil contempt if you fail to respond to a post judgement hearing......

[niteflytes]

Well, I showed up, went into the courtroom, stepped out to talk to the lawyer. I'm not too worried.

niteflytes

[Spartan]

No. There is no reason to be worried. We were just pondering that it was odd that they threatened you with arrest if you didn't show up at court.

Even if there is a judgement entered against you, it only means an extra step to get it vacated later. But garnishment would be a different story....

In any case, have you confirmed with your lawyer that your Bk has actually been filed? I thought I read that you couldn't locate it on PACER. Correct me if I am wrong.

Good luck.

[niteflytes]

The notice I got from the court stated that if I didn't show up a warrant would be issued for my arrest. Whether or not they can or would have followed through I don't know and really didn't want to find out!

The last time I checked on Pacer, which was about a week ago, my case had not been officially filed. I haven't checked again yet. But I think I'll go do that right now...

niteflytes

[niteflytes]

Aha! My BK was filed on 11/30, no assets and OMG!!!! The trustee is my ex's attorney he used when we got divorced!!!! I can't believe it! Ugh...I was not fond of that man the first time I met him. The only saving grace is that one of the lawyers I interviewed for BK told me that there are only 2 trustees in the area and the one that's a man could care less about being picky in BK cases.

[Spartan]

In that case, the trustee is familiar with your situation and the case will just be a routine no asset case then.

Good luck. The clock has been started. And in 3 months, it will be a new chapter..

[niteflytes]

Thanks, I'm looking forward to a fresh start and a chance to make better choices :-)