Objection filed...now what

[Phil]

Chapter 7 filed...today was last day for objection. One of my creditors was former spouse. Was listed on petition due to ongoing marital settlement fight, however it is NOT alimony, maintenance, or support. Bankruptcy attorney states he has no claim but he has hired an attorney and filed an objection.

What happens next???

[ForumReader]

What kind of objection was it for your former spouse to file when your attorney said he did not have any claim?

[Phil]

After re reading it, what they filed was a motion requesting an extension of time to object. It is not an objection (yet).

Are there circumstances will they allow an extension of time beyond the 60 days to file an objection??

[Phil]

sorry, meant to say....are there circumstances where they allow an objection to be filed after the 60 days have passed?

[music12]

what reason did they give for asking for an extension? i think they need to have a damn good reason.

[Phil]

Like everything...it's a bs excuse. He has filed repetitive motions for several years in family law court for money he claims I owe him (thus the reason for listing him as a disputed creditor). His motions have been repeatedly denied. Now, this motion for additiional time to object states he needs the extra time to file an objection because he is considering suing me in civil law and needs time to retain an attorney. He totally neglected to mention he already has an attorney for the same matter which has already been denied in family court. He is trying to switch courts now. I can show he has an attorney and I can show this has been addressed in family court already and denied.

So a creditor needs a good reason to get an extension to file an objection? I am clueless about this, but it would seem to give an extension would go against the very protection bankruptcy affords someone. It is not based on fraud or anything like that. Thanks for any thoughts and guidance!!

[whipster1]

Ask for a hearing. He will have to explain to your Judge why he filed the motion.

[catleg]

If he's not careful he'll end up liable for any increase in your legal bills.

[music12]

that's funny. he wants an extension so he can sue you? he can't sue you, there is an automatic stay forbidding him from suing you.

[Phil]

His attorney actually wrote on the motion, that he intends to sue me when the automatic stay is lifted but he is making up something else to sue about. But it is definitely related to an asset included in bankrtupcy that I did not exempt or reaffirm.

It actually doesn't make sense, his motion asks for more time becuase it says the SOL will run out on him being able to file a civil case in October, however, they are asking for an extension of time to file an objection for 60 days which is October. So, if he gets this extension he is requesting, then he can't file this supposed civil suit becuase the bankruptcy will still be open.

Bottom line... he has been denied in family court, it is now being included in bankruptcy and all he is doing is venue shopping. Did I mention I have a judgment against him for 30K for child support he hasn't paid so my bankruptcy attorney is going to use that to show how much he owes me and this is yet another attempt at not helping support his children. So, hopefully the bankruptcy judge (it is set for hearing) sees that and throws him out on his ear. (fingers crossed).

[music12]

he owes you child support and wants to sue you at the same time? who on earth is this person's attorney - they should be disbarred.

anyway, i think any reasonable judge will see right through this motion and deny it, maybe with some damages/sanctions for you.

[aljohnson007]

Creditors can seek an extension of time to file their complaint, but as long as they received notice of your bankruptcy case, they must either file their complaint, or a motion requesting an extension prior to the expiration of the 60-day period.

[Phil]

He filed requesting an extension the last day to object. He did not attend or retain counsel to attend the 341. He has had 4 years to file his civil suit and did not. That SOL would run out the week after this hearing is set for.

Is it common for a creditor to be given the extension to file and based on what? From the date I filed to the last day to object was 120 days. (plus he had four years to file his civil suit which was the basis for requesting his extension) and did not. Again, this is already an open case in family court. (which he lied about on his motion).

[OhioFiler]

His attorney actually wrote on the motion, that he intends to sue me when the automatic stay is lifted but he is making up something else to sue about. But it is definitely related to an asset included in bankrtupcy that I did not exempt or reaffirm.

It actually doesn't make sense, his motion asks for more time becuase it says the SOL will run out on him being able to file a civil case in October, however, they are asking for an extension of time to file an objection for 60 days which is October. So, if he gets this extension he is requesting, then he can't file this supposed civil suit becuase the bankruptcy will still be open.

Bottom line... he has been denied in family court, it is now being included in bankruptcy and all he is doing is venue shopping. Did I mention I have a judgment against him for 30K for child support he hasn't paid so my bankruptcy attorney is going to use that to show how much he owes me and this is yet another attempt at not helping support his children. So, hopefully the bankruptcy judge (it is set for hearing) sees that and throws him out on his ear. (fingers crossed).

Why isn't this assclown in jail?

[Phil]

LOL...from your mouth to God's ears....

I have no idea. Well, it's FL child support/courts if you are familiar and that gives you any idea. It is the MOST unbearable and biggest joke to deal with. I can't get anywhere and can't get help, but he has not paid child support in 3 years and is walking around and has money to retain an attorney to do this. I am VERY frustrated at the system and I am hoping they deny his request for an extension, but I don't know if it is common to grant extensions.