Attorney Issue! Pro Se Motion To Dismiss Without Prejudice

[whipster1]

A motion for turnover would seem to solve your problem...the person who asserts a claim will have to show up and prove his claim. Not to diss your attorney but jeeze....

As far as time limits go YOU can move to extend time for discharge for however long you want, but this must be filed before your discharge date....if you need 3 or 6 more months you can get it.

[pgranere]

A motion for turnover would seem to solve your problem...the person who asserts a claim will have to show up and prove his claim. Not to diss your attorney but jeeze....

As far as time limits go YOU can move to extend time for discharge for however long you want, but this must be filed before your discharge date....if you need 3 or 6 more months you can get it.

No kidden, this weekend i'm going to draft a motion to withdraw the motion to dismiss, however, i'm also going to file a motion to remove my attorney and file a pro se motion for extension of time. I will then probably if i get the extended time, file a motion for turn over like you said, see if they show up, they haven't even filed a claim or anything... I'm hoping to get the property back but if not oh well, i have a lot of sentimental value into the car to me its important... but i understand that others don't see it that way.

yeah im a little torqued that this attorney sends me all these emails when i file for dismissal then promises me yet AGAIN that he will call me at specific times and doesn't.... WTF....

[whipster1]

I would do it all at once. You have to serve the other party who has the car and prove service...(certified mail) and they have 3 weeks to answer I think depending on your district, then you have to ask for a court hearing. Lots of stuff...you may want to quiz another local BK attorney if they could help you drafting the motions and orders as they are fairly routine...they may want a few bucks though.

[HHM]

Well, if the car has been gone for 3 years and you haven't done anything about for 3 years (granted, you were incarcerated, but still), this is really a moot point. Move on. I can't imagine this vehicle is actually worth the time and effort unless we are talking about some classic car.

[justbroke]

I wish you had posted this in the Pro Se area, and I would have seen this earlier. I think the information provided already is great. I would have immediately filed a motion to withdraw. I've had to file a motion to withdraw before, after having filed a Consent on a Motion for Relief from the Automatic Stay! Then I realized, I wanted to keep my homestead, and needed to both withdraw the consent, and then file an Opposition to the Motion for Relief.

Impatience can sometimes cause you a lot of grief.

[pgranere]

I would do it all at once. You have to serve the other party who has the car and prove service...(certified mail) and they have 3 weeks to answer I think depending on your district, then you have to ask for a court hearing. Lots of stuff...you may want to quiz another local BK attorney if they could help you drafting the motions and orders as they are fairly routine...they may want a few bucks though.

Thus the reason i wan't a dismissal, is because this other attorney is willing to handle it all, it's alot of work, and she has agree'd to do it, and setup scheduled payments etc.... this yahoo that i'm with now wont even return my bloody phone calls.

[pgranere]

I wish you had posted this in the Pro Se area, and I would have seen this earlier. I think the information provided already is great. I would have immediately filed a motion to withdraw. I've had to file a motion to withdraw before, after having filed a Consent on a Motion for Relief from the Automatic Stay! Then I realized, I wanted to keep my homestead, and needed to both withdraw the consent, and then file an Opposition to the Motion for Relief.

Impatience can sometimes cause you a lot of grief.

I hope my motions do help, I plan on making a template out of them, i looked forever for motion templates and couldn't find them... I had to draft this thing by myself... jail house lawyer crap... I spent 2 years in camp fed for aiding and abetting, i actually was in the same unit as jeffrey skilling.

he's really a nice guy... seriously.. wow way off topic.. I didn't even see the pro se area i will go take a look but your welcome to use any part of my filings for help.

[pgranere]

Well, if the car has been gone for 3 years and you haven't done anything about for 3 years (granted, you were incarcerated, but still), this is really a moot point. Move on. I can't imagine this vehicle is actually worth the time and effort unless we are talking about some classic car.

I couldn't find the car for 3 years!!! they guy was hiding it! the car is a classic car to me, it's a 1993 300zx twin turbo, annivers edition, picture of the car at http://www.my-mods.com, however the car when we finally found it and got to see it was taken apart, the motor doesn't work the interior was stripped and torn apart, it needs some work, but it has potential, they don't make these cars anymore.... unless you talk the 350z which is entirely a different model.

Your right i might just have to suck it up and let it go.... but i put a lot of money and effort into the car 3 years ago, now it's worth is crap.... to me it would be like letting a 66 mustang go. Plus they never finished the work, constantly lied to me and began parting out my car, in utah you have to file paperwork in order to sell the vehicle, he may have had right to the lien automatically but he didn't have right to sell without serving upon me notice...

[hereforinfo]

jail house lawyer crap... I spent 2 years in camp fed for aiding and abetting,

...in child pornography? Holy hell.

Maybe your attorney found the articles about you on Google and is trying to figure out a way to hide his disgust.

[pgranere]

Yes, you found my lovely news articles posted about me, the lovely media, what you don't know is that I ran an Internet Service Provider, my co-defendant was the one who was running the "websites" in question, don't believe me look it up yourself in pacer, you will also make note that there are several sealed motions.. i wonder what that means, you will also find if you do a little more digging that my sentence was reduced.. a federal sentence reduced?? how does that happen.. perhaps the government filed a motion?

Regardless of what you think of me and what anyone thinks of me, i made ammends for my involvement and i did the right thing. I went through hours upon hours of humiliating tests to proove that i wasn't a danger to anyone.. The judge even said publicly in an other article if you dig for it you can find it, that i made ammends for my actions and that i had a promising future etc etc...


I did my time, I paid a great price, and i made a mistake and used poor judgement... Are you happy now? I came here for help with my bankruptcy case, not to be re-prosecuted.

if the attorney is prejudiced in this situation that is an ethical issue, and could get him barred. I don't care at this point i have the situation under control.

Call me a snitch call me whatever you want... I did what i had to do to make things right...

[hereforinfo]

Child pornography isn't just "poor judgement." We're supposed to feel sorry for you? What about the poor children you exploited for money? They will pay the price for the rest of their lives. What about the humiliation they had to endure and will likely have to feel for the rest of their lives? You got off easy compared to the suffering of those innocent children. I don't really care what "nice" things a judge had to say about you. There is no cure for pedophilia. "Poor judgement" my a**.

For the record, the articles I read did say that you ran the internet company and that similar pictures were found on your own website, and that they recorded some incriminating conversations you made while in jail. It's easy enough for anyone to google.

[pgranere]

im not interested in arguing with you. think what you may.

[pgranere]

and for the record, the phone conversations from jail where simply to turn the servers off to preserve evidence to turn over to the prosecutor.. think what you may your entitled to your opinion but i refuse to get in a pissing match i don't want you to feel sorry for me... i simply came here to ask for advice.. I also feel sorry for the victims in my case.... the prosecutor later at the detention hearing.... agree'd to have me released... say what you want... but this is the last i am going to argue with you... i did what i did, i commited a crime, i plead to it, i was prosecuted for it... your entitled to your opinion... like i said.. think what you may... i know my case, i know what the situation was.. you can assume what you want.

but im done here.

[music12]

guys, way off topic. could we stick to bk please?

[backtoschool]

and for the record, the phone conversations from jail where simply to turn the servers off to preserve evidence to turn over to the prosecutor.. think what you may your entitled to your opinion but i refuse to get in a pissing match i don't want you to feel sorry for me... i simply came here to ask for advice.. I also feel sorry for the victims in my case.... the prosecutor later at the detention hearing.... agree'd to have me released... say what you want... but this is the last i am going to argue with you... i did what i did, i commited a crime, i plead to it, i was prosecuted for it... your entitled to your opinion... like i said.. think what you may... i know my case, i know what the situation was.. you can assume what you want.

but im done here.

There are a few judgmental posters on this board, but most of us are not judging you. Simply put the judgmental posters on ignore and you won't have to listen to them spewing at you.

As to your situation, I think you should just move on from the car. It is going to be a huge hassle to try to reclaim it, and your energy is better used to build your new life.

Good luck with your motions. If you have questions please don't hesitate to post. I know, I for one, will answer your posts if I have information that will help.