Pending Adversary

[abp559]

August 4 (Monday, only one more filing day) is the last day for opposition in my case. But today I see an "ADVPEND" status indicator in pacer, which apparently means "Pending Adversary", but no documents are entered in the docket. Yesterday was the last day for objections to the trustee Report of No Distribution.

Is this more likely to mean that Pacer is just in a funky state, or that somebody filed something that just doesn't show up in the docket yet?

[Priceless ProSe]

Sorry I dont know, im just replying so this thread will get bumped back up to the top as it seems to be an important question that one of the knowledgable members can certainly answer.

One would assume that someone had made a filing in your case. Now that I think about it, maybe thats why its "pending"????

[BKParalegal]

First off, did you file Pro Se?

[AngelinaCatHub]

I have an Adversarial Protest. It is a second case only related to your bk. In my case this 'person' is attempting to take a pending civil county case to Federal Court. He hates me and is attempting to move his case to Federal and F over my bk. He is mean as a rattlesnake. When you go to your PACER account you would see two cases. 'Hub

[HHM]

You probably need to drill into the History/Documents section of PACER and see what has been filed in your case.

[abp559]

There's nothing adversarial in the docket except for two "Requests for Special Notice" (not Notices of Appearance). Nothing has been entered in the system since the "Certificate of Service of Notice of Filing Report of No Distribution", except for our debtor education certificates.

The ADVPEND flag just showed up Friday (believe me, I've been checking every day). I'll have to call the clerk on Monday and see what's going on.

Sure does make the last weekend before the the last day to oppose a lot more stressful, though.

[abp559]

Quick Update: Today was day 60. ADVPEND flag is still there, no oppositions or objections show up in Pacer. I tried calling the clerk this afternoon, but apparently you can only talk to an actual person before 4pm (I called at 3:57pm)

[Help!]

Try clicking on the "Associated Cases" link in case an adversary proceeding associated with your case has been filed and given a case number.

[banca rotta]

Did you possibly do anything that would bring this on such as a recent cash advance or major purchase just prior to filing?

[abp559]

Hi Help!, you are exactly right. Credit card company is disputing charges made in March. I knew that I was filing earlier than recommended because of those charges, but I also knew that none of the purchases were luxuries, and that none were made with fraudulent intent.

So now I'll get to learn more BK law while I fight it.

[PoorGrammyinBK7]

Wow. Scary. I've got a few smaller charges in recent months too. What credit card company is it? How much did you charge? What kind of things were charged? Was it within the 90 days before filing? I hope its not gonna cost you a fortune to fight it. Did you file pro se or with a lawyer?

[abp559]

It was Chase. Charges were within 90 days, $1500 (though they say it was $2500). This is pro se, and will remain pro se. The attorney is 300 miles away, and the complaint is full of mistakes and misrepresentations.

I'll have to look into how to request sanctions, fees, and costs from this guy.

[liz417]

Hi there,

I heard Chase can be pretty aggressive. Good luck and congrats on filing pro se!

[AngelinaCat]

Quick Update: Today was day 60. ADVPEND flag is still there, no oppositions or objections show up in Pacer. I tried calling the clerk this afternoon, but apparently you can only talk to an actual person before 4pm (I called at 3:57pm)

And if an attorney represented you in filing, you most likely will be told that your attorney needs to handle this. That is our situation, anyway.

[abp559]

So I've done some digging in Pacer to look at other adversary proceedings by Chase in my district. It looks like one of three things always happens:

1) Debtor fails to file an answer - automatic win for Chase
2) Debtor settles for as little as 10 cents on the dollar.
3) Debtor follows through, Judge orders parties to produce evidence, Chase's attorney files a non-responsive brief (same one every time), and judge dismisses the opposition.

I know which option I'll choose. This really looks to me like an industrial-scale fishing expedition on Chase's part.