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Our limbo continues.....

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    Our limbo continues.....

    As some of you know, our chapter 7 case has been complicated by my dad whose lawyer showed up at our 341 and went the the UST to cause a stink. The UST filed a motion to dismiss. In that motion she stated she was not allowing our housing expenses going forward because we were surrendering our home (not true we filed reaffirmation papers with the court) and the good ol' standby "totality of circumstances".

    Well our first telephonic hearing with the lawyers and judge was held this morning and of course when I checked Pacer it was continued until December...ugh. I am so aggravated. Why do lawyers always continue cases? This ploy does not seem to help either party and just leaves us poor souls in a constant state of limbo with no ability to begin their "fresh start". Hell it has been over a year since we first filed and the only light I see at the end of the tunnel is a train! Ugh...just had to vent, thanks.

    #2
    So sorry. That is terribly frustrating.
    4/09 Converted to a Ch 7 due to loss in dh's income
    5/09 UST now involved no idea what happens next
    7/09 UST has decided to withdraw his motion to dismiss!
    7/27/09 DISCHARGED!!!

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      #3
      I might be out of line here, but if I knew it was going to be a problem, dear ole' dad would have probably been plagued by a flat tire or something (no more details!). If I knew, he probably wouldn't have ever made it to the 341.
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

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        #4
        Originally posted by Kingxray View Post
        As some of you know, our chapter 7 case has been complicated by my dad whose lawyer showed up at our 341 and went the the UST to cause a stink. The UST filed a motion to dismiss. In that motion she stated she was not allowing our housing expenses going forward because we were surrendering our home (not true we filed reaffirmation papers with the court) and the good ol' standby "totality of circumstances".

        Well our first telephonic hearing with the lawyers and judge was held this morning and of course when I checked Pacer it was continued until December...ugh. I am so aggravated. Why do lawyers always continue cases? This ploy does not seem to help either party and just leaves us poor souls in a constant state of limbo with no ability to begin their "fresh start". Hell it has been over a year since we first filed and the only light I see at the end of the tunnel is a train! Ugh...just had to vent, thanks.
        I am sorry to hear about that. Why did your case gets continued until in Dec? Did the judge and the lawyers need more time on your case? I can't imagine how frustrating it must be for having your case dragged on this long and waiting for your fresh start to begin.
        Chapter 13 filer since Feb. 2018 under a 60 months payment plan
        Please think positive and do not give up!

        Comment


          #5
          Originally posted by frogger View Post
          I might be out of line here, but if I knew it was going to be a problem, dear ole' dad would have probably been plagued by a flat tire or something (no more details!). If I knew, he probably wouldn't have ever made it to the 341.
          Too funny! Good idea but he sent his lawyer to our 341 and we did not who he was.

          Comment


            #6
            Originally posted by ForumReader View Post
            I am sorry to hear about that. Why did your case gets continued until in Dec? Did the judge and the lawyers need more time on your case? I can't imagine how frustrating it must be for having your case dragged on this long and waiting for your fresh start to begin.
            It was just a telephone hearing to set up our preliminary hearing. Our lawyer wants to talk to the UST before the hearing to see if we can make a deal or have meeting before this goes to trial, so I imagine that it was a scheduling conflict with the lawyers that led to the continuance. It is still frustrating though-just need it to be over!

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