Pacer - objections?

[gophermn]

Ok, some of you know me when I wrote issues of a previous attorney and their verbal/mental abuse which prompted me to seek another attorney. Long story - anyway I met with a new BK attny and we are very close to filing. Reviewed the petition a dozen times and everything looks in order. And trust me you WILL hear from me when we file

Of course I know filing is one of many obstacles - but considering what I been through you can understand the excitement.

Here is my question, I often see people checking Pacer on here just watching for objections or issues until the discharge. Tell me this, what happens if I see an objection on Pacer? Does this mean I am SOL and the CH7 is belly-up? Does it mean I am stuck with the objection and will go through more court proceedings (summons) etc? Who handles these issues (me or the BK attny).

I am a pessimistic optimist by trade so perhaps I need to not worry- but reading the forums in here, I am biting nails hoping the file-341-discharge go smooth.

Thank you.

[FreshLikeADaisy]

Gopher, you will probably see a number of items filed by a creditor, such as Notices of Appearance, that don't really mean much. The one you want to watch out for is the adversarial proceeding, the actual objection. If you get one, your attorney can and should fight it for you. It will not slow down the rest of your bk or prevent the discharge of your unchallenged debts, it will just put the brakes on the one debt being challenged while you, your attorney, and the creditor's atty hash it out in front of a judge. It actually costs a creditor time and money to do this, so don't expect too many of them. *yawn* It's past my bedtime and I hope that when I read this post tomorrow it will actually make sense...

[HHM]

Generally, if you have told your attorney everything, he would have told you whether you are at risk for an objection.

Objections are actually quite rare, and are not random or specious. Thus, an objection is something the typical BK debtor need not worry about. But, if one should occur, it will not disrupt the rest of your BK.

Your attorney handles the objection...to a point. Your attorney will review the objection, probably give you some advice, and if a settlement is in order, work-out the settlement. But if the objection does see the inside of a courtroom, then you will need to pay your attorney more to handle it.

Please review this thread that discusses objections

http://www.bkforum.com/showthread.php?t=20075

And when you do file, do yourself a favor and DO NOT check pacer on a daily basis, in fact, you don't even need to check it weekly.

[gophermn]

Thanks for the reply - and yes FreshLikeADaisy I was able to comprehend what you wrote :-)

Basically HHM you are right as my BK Attny did say any objections or further hearings will cost but overall my BK Attny did not mention that he will see any problems. So perhaps no news is good news?

I can see how easy it would be to check PACER twice a day. I will take your advice and check it Monday morning (I would do it Friday but wanna enjoy the weekends)..

[Boscoe]

Gopher - do you have any reason to believe they will object? If you do, give us some general info (nothing specific) about it and I am guessing we will say there is nothing to worry about.

I was concerned myself, as I took a $25k cash advance 6 months prior to filing. Nobody objected.

[FreshLikeADaisy]

Wow, Boscoe, that is really amazing! I bet you heaved a HUUUUGE sigh of relief when no one objected to that...

[gophermn]

Boscoe - according to my credit report and my personal records I have not used a credit card or took out any large sums of cash/loans since August 2007.
I was just curious because it seems evey post in here that deals with PACER usually has someone walking on thin ice as they sit and watch for objections - praying for the 60 days. I was just curious what happens once I see an objection show up on the PACER.

Again I am a pessimistic optimist so I want to be prepared and understand what to do incase this happens to me. Yet, according to some, I might be ok. But again, I haven't taken out any loans in the last 6 months.

Thank you for responding!!

[PaKettle]

Objections are rare, but for some of us it's just a "Murphy's Law" kind of thing - you know: "If it can go wrong, it will"... Or "It ain't over 'til the fat lady sings".

If you have not had any cash advances or major purchases in the previous 6 months before filing, the chances are slim you will get objections. But then again, if you had 4 big cash advances 7 months back and only made one payment on each one... there could be a potential for an objection, I think (at least some attorneys think this way; of course whether or not it happens in a case like that really depends a lot on just dumb luck and the climate at that bank).

It's just that you have to wait what can seem like such a long time, from the time you start looking for an attorney to the time your 60 day wait is over --- you just look forward to knowing for SURE it is absolutely COMPLETELY done, for SURE. And that doesn't happen until the final discharge and closing. Thus, the Pacer checking... I check once a week or so...

As to what happens, if you get an objection: you can choose to pay the creditor (usually negotiated by your attorney to about half of what you owe them, over 12-18 mo.), or you can tell them you'll see them in court - in which case you can defend yourself or pay your attorney to do it, and see if the creditor follows through with it now that they know you won't settle. This all depends on what kind of defense you have and what kind of offense they have... Remember they have to prove you had no intention of paying it or should have known you couldn't pay it at the time you took it.

See HHM's Sticky note above on Objections.

[danaf]

I think one would have to worry some if they made charges (luxuery) and/or cash advances and filed before the 70/90 day rule. Also for large cash advances I'd think one would have to worry if when they took out the advance they were 'insolvent', meaning they took out the advance but their finances were such that they wouldn't be able to pay it back.