need ideas! creditor trial set but will be filing BK

[azviolet]

Hello,
Here is my situation... I have documents ready 2 file BK but am needing more time 2 get paychecks that reflect a decrease in pay due to medical unpaid time off. (I have fmla paperwork from my company's disability insurer saying that I may miss up to 12 days a month . So far I am missing 4 to 6 days a month and I lose $200 in pay per day).
Well, chase bank filed suit against me and a trial date is set for december.
That's great..but the lawyer representing me screwed me yesterday!
I was scheduled 2 have a settlement conference, and 2 buy time we were not disclosing my BK plans.
The lawyer informed me yesterday that he called the chase attorneys and had my conference vacated. The chase lawyer told him that they may file for summary judgement! I am angry.
IF they file that, how do I respond to hold them off?? Can I mention my situation in my response so that the judge may consider denying the SJ? I have 2 qualify for a 7, but without another month or 2 of paychecks , I will b forced to file a 13! I can't afford to pay on that! Any advice?

[dumpinmydebt]

What's your worry if they do get a judgment? It will be vacated in the bankruptcy.

If your worry is garnishing, like my worry was, this all depends on your local court rules, but if they get a judgment, you usually have 30 days to pay. Then if you don't pay, they may have to send you a letter giving you an additional 15 days before they garnish (not sure if you make enough to have your wages garnished.) Then if you don't respond in those 15 days, they can go ahead and request the garnishing.

So you should have at least 45 days.

[tcreegan]

judgement response

Hi azviolet,

IF they file that, how do I respond to hold them off??

Ask for a final statement and a signed credit agreement. That gets the trial rescheduled, usually a month later.

BUT....why not let your lawyer deal with it, that is their job. I don't think you were 'screwed,' vacating the conference was the honest thing to do. If they do file for a summary judgement, you usually have at least 30 days to respond.

Hang in there, focus on the BK,

Tom in Colo

[azviolet]

Thanks to both of u.
Dumpinmydebt- I know the BK will nullify a judgement..I AM worried about a MSJ and whether I will have enuf time to file BK before they try to garnish.
Do I have 30 days in AZ to respond to MSJ?
Tom- thanks 4 the idea. R U saying that I should ask for the credit agreement and final statement in my response to the MSJ (if they file it)? That will get the trial rescheduled? I'd want it 2 stop the MSJ..
Yes, I will let my lawyer handle it..butbwhen I asked what our course of action would be if chase files a MSJ, he didn't want to discuss it yet.
Again thanks ..and if u can clarify that's great too!

[tcreegan]

good clue

Hi azviolet,


This is a good clue:

what our course of action would be if chase files a MSJ, he (lawyer) didn't want to discuss it yet

Your lawyer probably doesn't think they will file, and if they do it is going to be easy to deal with.

Delaying a judgement is pretty easy, lots of folks here have pushed them off for months.

Hang in there, I think your lawyer has it under control....

Tom in Colo

[dumpinmydebt]

Thanks to both of u.
Dumpinmydebt- I know the BK will nullify a judgement..I AM worried about a MSJ and whether I will have enuf time to file BK before they try to garnish.
Do I have 30 days in AZ to respond to MSJ?

You'll have to look it up on the courts website where it would be filed. We had 28 days, and we responded by denying everything and asking for proof. It was easy and painless and it bought us 2 more months than I thought we would have.

[SunshineGal]

Check your state laws. They are either suing for "Breach of Contract" or "Statement of Claim". In Florida, the laws are specific as to what must be attached to the suit. Make the plaintiff prove the case.