top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Is this another train wreck..

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Is this another train wreck..

    So today I go on Pacer and I see that someone, i doesn't say who, filed with the courts a discovery and asked that our BK be extended ANOTHER 90 days....WTFFFFFFFFFFFF!!!! I am ready to jump off of a cliff....What is that? It doesn't say the creditor name only a trail attorney signature asking the Judge to extend my case for another 90 days for A creditor..I am sooooo fing sick and tired. This has been the WORST experience of my life..... we will be going on 9 months.

    The funny thing about this is I noticed that we were discharged yesterday and today this was filed. WTFFFFF..... My head is going explode....
    Last edited by jessegirl; 04-08-2009, 06:38 AM.

    #2
    jessegirl, I'm hoping it gets better for you. Did they pull the Rule 2004 examination on you, or is this what the creditor's attorney trying to do?

    Hopefully the judge won't grant the motion.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by justbroke View Post
      jessegirl, I'm hoping it gets better for you. Did they pull the Rule 2004 examination on you, or is this what the creditor's attorney trying to do?

      Hopefully the judge won't grant the motion.
      We did the 2004 examination and I noticed this morning that my BK was discharged and that ontop of that was this notice.

      What do you mena do they pull the 2004 examination?

      Comment


        #4
        Sounds to me that you are discharged
        Chapter 7 07/30/2008
        341 09/17/2008
        Discharge 11/21/2008

        Comment


          #5
          Originally posted by TEW View Post
          Sounds to me that you are discharged
          But what is this discovery now? WHat is that? Now it says they are looking to extend another 90 days AGAIN!!!!

          Comment


            #6
            Jessegirl,
            Try Googling the trial attorneys name and see if you can do a little sleuthing to see who he/she may work for.

            Sometimes with a little detectve work you can find out who they may possibly represent. Or call the clerks office and just ask them which creditor filed the notice. That may give you a little insight.


            The good news is you were discharged, so even if this creditor is granted the 90 days ( which hopefully they won't since they have had PLENTY of time to object and the judge should see that) all your other debt just went bye bye with the discharge order!

            Yay for you on the discharge!!

            Comment


              #7
              Also,

              Have you tried looking at the actual PDF document for the motion? It should say who the creditor is, you will have to incur a charge for a page view or two, but it would be worth it.

              IF there is no creditor listed, it may be the attorney workng for the UST. Hope not though.
              DD

              Comment


                #8
                Originally posted by dingdong View Post
                Also,

                Have you tried looking at the actual PDF document for the motion? It should say who the creditor is, you will have to incur a charge for a page view or two, but it would be worth it.

                IF there is no creditor listed, it may be the attorney workng for the UST. Hope not though.
                DD
                I did see it and it just says A CREDITOR.... Thats it. Its weird.

                I will also google his name.

                Comment


                  #9
                  Try calling the Clerk's office at the BK court and ask them. They may be able to tell which creditor asked for the discovery motion.

                  Comment


                    #10
                    Originally posted by jessegirl View Post
                    But what is this discovery now? WHat is that? Now it says they are looking to extend another 90 days AGAIN!!!!
                    i think that's old jessegirl they already had discovery in your case call your dump A** lawyer and ask if you are discharged yet. hurry so we can get you that happy dance.
                    Chapter 7 07/30/2008
                    341 09/17/2008
                    Discharge 11/21/2008

                    Comment


                      #11
                      Originally posted by TEW View Post
                      i think that's old jessegirl they already had discovery in your case call your dump A** lawyer and ask if you are discharged yet. hurry so we can get you that happy dance.
                      Good point. Check the date of the actual document, not the filing date.. Maybe it is something that had to be docketed in your case, but was somehow overlooked and they are just docketing it now. Even though it has a filing/docketing date of today it might be an older document filed by the UST attorney that was overlooked and they had to get it in to get your paperwork in order for your discharge.

                      Comment


                        #12
                        I am confused

                        so yesterday you saw an update that it was discharged???????? and this got filed today after it was discharged? well they are too late right?
                        did you post that you saw discharge? I must have missed it... phone your attorney or phone the courts....... we need info..... I am waiting with bated breath.!!!!!!


                        You go girl!!!!

                        B X
                        B x
                        filed Ch 7 Oct 31st 2008.
                        341 Dec 10th 2008.
                        DiSCHARGED Feb 10th 2009

                        Comment


                          #13
                          Originally posted by dingdong View Post
                          Good point. Check the date of the actual document, not the filing date.. Maybe it is something that had to be docketed in your case, but was somehow overlooked and they are just docketing it now. Even though it has a filing/docketing date of today it might be an older document filed by the UST attorney that was overlooked and they had to get it in to get your paperwork in order for your discharge.

                          I lookd at the document and it is filed as of today and docket as of today also. Its not from a UST. Its a trail attorney - different from the one that was at our depo. It just says the judges name and mentions nothing about the UST and then is signed by a trail attorney who I have never heard of. And it just says " file a discovery for A CREDITOR"

                          I have a call into my attorneys office.

                          Here is what it says:

                          Our office is currently conducting discovery concerning a creditor in the above-referenced matter. We respectfully request that this matter be held open until July 2, 2009, to afford our
                          office an opportunity to duly examine this matter. Our office will inform the Court when our investigation is complete.

                          Has anyone ever see this?

                          Comment


                            #14
                            It seems to me your discharge beat them to the punch. I am not 100% sure, but it the court ordered your discharge before they filed that motion, aren't they SOL?

                            Unless they filed an AP before the 60 days or date of discharge, I think you have them beat.

                            A guru will hopefully chime in.

                            Hopefully that discharge order came just in the nick of time and you are done.

                            Were you ruled a no asset case yet?

                            Comment


                              #15
                              Sound like they were a couple of days off!!! Their Bad!!!! LOL!!! And how are they going to tell the courts wher THEY are done investigating? Do they think they have forever to drag it on??? Comedy!!

                              Comment

                              bottom Ad Widget

                              Collapse
                              Working...
                              X