pre-trial continuance and chapter 7

[dollarshort]

My husband and I are filing Chapter 7. We want to time it so that we are going to a 341 in June so will be filing sometime in May as I will be off of work for the summer (schools) and he will be less busy in the summer. We are filing Chapter 7 after closing a business (mine - due to years of beating a dead horse and no income from it) and my husband being laid off for over a year and him taking a job for less than half of what he made before. We really wanted to get back on our feet and not have to declare bankruptcy, but unfortunately it looks like we have little choice with the step down in income we have taken.

So here is my question. We just received a pre-trial conference notice of lawsuit from the courts (one of my husbands creditors and our first lawsuit though we have many creditors and have not paid for over 14 months on some accounts) Should we ask for a continuance to push back the date until after we file? Irregardless, unless we do get a continuance he will be going to court...we don't want a judgement. But I just wondered if it would be better to ask for a continuance and if we do ask for a continuance, do we tell in that request that we are going to file for bankruptcy or do we ask to move it back due to him only being on the job for a couple of months and not being able to lose the income.

Filing before the summer is not an option for me due to this new job. I can't miss any time so I need our 341 to be in the summer.

Any help would be so much appreciated.

Lauren

[dollarshort]

anyone have any advice?

My husband and I are filing Chapter 7. We want to time it so that we are going to a 341 in June so will be filing sometime in May as I will be off of work for the summer (schools) and he will be less busy in the summer. We are filing Chapter 7 after closing a business (mine - due to years of beating a dead horse and no income from it) and my husband being laid off for over a year and him taking a job for less than half of what he made before. We really wanted to get back on our feet and not have to declare bankruptcy, but unfortunately it looks like we have little choice with the step down in income we have taken.

So here is my question. We just received a pre-trial conference notice of lawsuit from the courts (one of my husbands creditors and our first lawsuit though we have many creditors and have not paid for over 14 months on some accounts) Should we ask for a continuance to push back the date until after we file? Irregardless, unless we do get a continuance he will be going to court...we don't want a judgement. But I just wondered if it would be better to ask for a continuance and if we do ask for a continuance, do we tell in that request that we are going to file for bankruptcy or do we ask to move it back due to him only being on the job for a couple of months and not being able to lose the income.

Filing before the summer is not an option for me due to this new job. I can't miss any time so I need our 341 to be in the summer.

Any help would be so much appreciated.

Lauren

[AngelinaCatHub]

I doubt you will get a continuance. For what reason? The Judge does not care about your job as he has one to do also. To tell him that you wish to continue to time a bk would not be wise at all.

Find out who is suing you, I assume you know, and you must attend the hearing. You can try to delay this, but you must or he (hubby) must or at least a lawyer in your name, or you will surely get a default Judgment.

I see your point and it is a bit sticky as the job is important. It is important not to get a Judgment also.

At the hearing you can either deny the amount or accuracy (be honest but you probably would not know or agree with it anyway) and ask for a continuance so that you can prepare for a better response once you know more about their complaint. This would buy you time. At least 30 days I am sure. This would get you a bit closer to summer. I hope I've helped a little. 'Hub

[AngelinaCatHub]

A second thought. Download the Nolo Chapter 7 book, about 17 bucks in pdf format. Now that you are working, figure out your six month average in income. Right now you are low if you haven't made any money. Figure your own forms (get them downloaded from the Courthouse, the ones in the Nolo book may not be up to date) and go pro se'. File your bk and you can do this by mail. Call the bk Courthouse in your district and have the filing fees. You might have to have your signature notarized. Best to just go there though. Once that is done, and believe me after reading the Nolo book you could do your own pro se', your problem will be over as there will no doubt me more coming. Your 341 will be scheduled roughly 30 days anyway from the filing. The important thing is get a case number. You can hire an attorney later. Make sure your paper work is acceptable and you can always amend it later as well. 'Hub

[dollarshort]

Thank you for your help! We have an attorney paid for and have passed the means for Chapter 7 no problem. Our attorney advised us to either go and ask for a continuance or to request one in writing. He said we could be completely honest...and in either situation would more than likely be granted a continuance especially since we have a bk attorney paid for. I was just wondering which way would be better. Missing the pre-trial hearing was never an option!!! Again, thank you for the information. Have been lurking the site for months and have learned so much from people who have been there/ done that. You guys are amazing and have helped quelch many a nerve!!

[AngelinaCatHub]

Thank you for your help! We have an attorney paid for and have passed the means for Chapter 7 no problem. Our attorney advised us to either go and ask for a continuance or to request one in writing. He said we could be completely honest...and in either situation would more than likely be granted a continuance especially since we have a bk attorney paid for. I was just wondering which way would be better. Missing the pre-trial hearing was never an option!!! Again, thank you for the information. Have been lurking the site for months and have learned so much from people who have been there/ done that. You guys are amazing and have helped quelch many a nerve!!

Thank you for the cudos. So really, you could be "paper ready" and if all else goes bad, kill off a suit just by electronic PACER filing and instantly get a docket number. That is wonderful. So you really have no big problem with this hearing. Just go there, take your best shot at lengthening time and it's still a no lose situation for you. Grats on good thinking. 'Hub