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    #1

    Question on going to court

    I have my date set for my hearing on the ust motion to dismiss on 707 c. Has anyone here gone to court? My lawyer thinks we have a really good chance of winning, but I am a little freaked out.

    Lawyer says the ust can ask us for a deposition and witnesses (witnesses for what?)

    anyone give any insight of what to expect?
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    #2
    Originally posted by goingcrzy View Post
    I have my date set for my hearing on the ust motion to dismiss on 707 c. Has anyone here gone to court? My lawyer thinks we have a really good chance of winning, but I am a little freaked out.

    Lawyer says the ust can ask us for a deposition and witnesses (witnesses for what?)

    anyone give any insight of what to expect?
    what crime were you convicted of?
    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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      #3
      I think I must have looked at the UST funny.

      Comment

        #4
        no one had to go court? Am I the only one

        edit: it was for 707(b)3. Sorry too many numbers for me.

        A monkey can remember up to seven numbers. I am apparently not as smart as a monkey.

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          #5
          Originally posted by goingcrzy View Post
          no one had to go court? Am I the only one

          edit: it was for 707(b)3. Sorry too many numbers for me.

          A monkey can remember up to seven numbers. I am apparently not as smart as a monkey.

          You should go read 707(c) to appreciate why your post received little acclaim.
          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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            #6


            Too funny! Good thing I am not an accountant!

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              #7
              Originally posted by goingcrzy View Post


              Too funny! Good thing I am not an accountant!
              I was't joking when I asked you what crime you had committed.

              Apparently you've passed the means test but the trustee sees something in your schedules that leads him to believe the "totality of the circumstances of your financial situation demonstrates abuse".

              Did your attorney give you specifics?
              Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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                #8
                The UST is fighting us on our mortgage. Its 5000 per month. He says if we sold it we could pay back our debts, that keeping the house is abusing the system. I sent the attorney the CA case where the judge said the UST can't do this, plus I found another case where the filer had a high mortgage payment, a boat and an RV and it was approved. I am in CA, and this is what homes cost.

                For some reason the UST has is out for me.

                Comment

                  #9
                  Originally posted by goingcrzy View Post
                  The UST is fighting us on our mortgage. Its 5000 per month. He says if we sold it we could pay back our debts, that keeping the house is abusing the system. I sent the attorney the CA case where the judge said the UST can't do this, plus I found another case where the filer had a high mortgage payment, a boat and an RV and it was approved. I am in CA, and this is what homes cost.

                  For some reason the UST has is out for me.
                  I doubt the UST has it out for you. It's not personal.
                  Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                  Comment

                    #10
                    Do the USTs try to change past rulings? Or do judges like to rely on past rulings.

                    It seems to me that if they use the CA ruling, I am ok. I am not in the same district (I don't know if this matters).

                    I am still a bit nervous. My lawyer said it will take 3 to 4 hours. I am scheduled at the end of the day. Is it this long, just in case the court gets backed up, or am I going to get drilled for four hours on everything I have done.

                    Comment

                      #11
                      Originally posted by goingcrzy View Post
                      Do the USTs try to change past rulings? Or do judges like to rely on past rulings.

                      It seems to me that if they use the CA ruling, I am ok. I am not in the same district (I don't know if this matters).

                      I am still a bit nervous. My lawyer said it will take 3 to 4 hours. I am scheduled at the end of the day. Is it this long, just in case the court gets backed up, or am I going to get drilled for four hours on everything I have done.
                      Both. Relying on past rulings is precedent. Where they are pretty much forced to rely on a past ruling is when a Federal Appeals court overseeing your district sets a precedent.

                      A judge can "change a ruling" if he finds differences in your situation than the case your attorney cites to support your position.

                      Your attorney must plan to show the judge what prior cases support your position and be able to explain why the UST's citations are not valid for your situation.
                      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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                        #12
                        gotcha. Thanks for the help!

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                          #13
                          Originally posted by goingcrzy View Post
                          The UST is fighting us on our mortgage. Its 5000 per month.
                          Without knowing anything else, if I was the UST, I would probably fight you on that too.
                          All information contained in this post is for informational and amusement purposes only.
                          Bankruptcy is a process, not an event.......

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                            #14
                            I don't understand. My house is soooo underwater. If I sold it then I would owe even more money. Where am I suppose to live -in a van down by the river

                            I am holding onto the house for emotional reasons. My 4 kids grew up in the house, plus I am getting too old to start moving around. I understand it doesn't make sense financially, but I am old and stubborn!

                            Comment

                              #15
                              Originally posted by goingcrzy View Post
                              I don't understand. My house is soooo underwater. If I sold it then I would owe even more money. Where am I suppose to live -in a van down by the river

                              I am holding onto the house for emotional reasons. My 4 kids grew up in the house, plus I am getting too old to start moving around. I understand it doesn't make sense financially, but I am old and stubborn!
                              Please don't reaffirm the mortgage if you can avoid it! You might one day realize it makes zero sense to keep a house for emotional reasons.
                              Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                              Comment

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