I have a problem....

[CoBelle]

I filed for a 13 back in June and my attorney up and quit after getting my case dismissed, or so I believe. In order to keep the stay alive, I had to immediately file an emergency 7 pro se. Becausee I couldn't wait (re stay) to convert to a 7, I'm considered a 'serial' filer and thus the auto stay is only 30 days.

Based on some good advice here (thanks justbroke) I coupled my filing with a motion to extend the auto stay. The judge, who has only heard ex's side of the story (that the housee should be sold to a friend of his at a preferential price) and not that family court orders allow me to buy out ex's share of the house with such contract being for more than ex's friend is willing to pay) has set a hearing on the matter during Thanksgiving week.

Now this probably doesn't sound like a problem to most people...just GO...but I've twice had to cancel a trip to see my kiddo whom I haven't seen in 11months. Each time the cancellation fees have been a LOT. So I changedeverything to Thanksgiving figuring it would be a 'safe' time (ex files a kazillion motions).

Would the court frown if I asked for a continuance explaining re the trip AND the fact that I need to find new counsel and/or instead of a hearing, having bboth sides submit briefs and letting him rule from there?

I have a statusconference to set ANOTHER hearing tomorrow so I guess that is when I should make my plea....
ADVICE?????????

[researchnerd]

Ugh, I'm sorry that you have to go through this.

I am not an expert, but I would think that you'd get more mileage out of having to find a new attorney than you will about your trip. People invent excuses to delay things all the time, and I suspect that "family visit" is used often. However, judges don't like pro se filers very much. I've done two pro se divorces and observed a lot of them, and they always get prioritized lower and questioned more extensively. If you say that you don't want to go through this process without expert legal guidance, and can show that you are making a legitimate effort to find new counsel, that might give you a better chance at continuance. And yes...the sooner you can ask for the date change, the better. Don't wait until the last minute.

[tobee43]

CO...the court MAY take mercury on you, perhaps once they understand or hear about your plight with trying to retain an atty....if you get a nice person on there maybe they will allow an continuance. i'll be hoping for you!!

[CoBelle]

Despritfreya just advised that the hearing, by law, must be within 30 days....so the 23rd is 28 days and Thanksgiving is on the 30th day.
He also gave me a little hope and said it might be more of a pro forma hearing 'by the code' and taht I might be able to do it by phone.
Problem is that ex will of course object....so I wll definitely use the legal representation response ....and ask if I can't find an attonrey to retain
for the whole mess, would it be ok if I had an attonrey 'make an appearance' and could it be by phone...and then try to get someone who would
just do the phone call???????????????????????
Best I can think right now....thanks guys!

[backtoschool]

I think the court will expect that an emergency chapter 7 petition should take precedence over a holiday visit. I am not sharing in this opinion, just putting it out there. Continuances are usually only granted for emergencies. Paying a ticket change fee is not an emergency in my opinion.

[CoBelle]

I understand your feelings. but I'll add that it is a $2400 change fee because I'd have to cancel both the trip and the accommodations that were paid for 8 months ago...so I wouldn't change the trip, I'd cancel it and lose that amount of money.

I think the advice that I not mention the trip at all is most certainly good advice, and I won't. I am trying desperately to find representation, so I will tell the court that.
Finally, I'm hoping that Des is right about this motion to extend auto stay and it can be handled with a phone hearing.

[CoBelle]

Des was right (as usual) about the phone for the motion to extend. BUT judge set hearing to determine the estates interest in the house same day. Of course it wasn't til he mentioned it, but that hearing is really (in a 7, not in my old 13) between the creditors and the trustee.

I'm in the unenviable position of having to talk the trustee into liquidating my home instead of letting ex 'sell' it to his 'friendly' friend. Rock and a hard place.

A 7 doesn't really do me any good at all....just keep ex from selling the house IF the trustee decides to try and sell it instead. She's already hired an attorney (who pays for that anyway) so I guess I'll jsut send her info on value and on the hinky stuff ex is doing and let everyone else worry.

I imagine if the trustee decides to sell it, then the stay will be extended and if not, probably not...I really don't think what I say has any bearing on any of this. (except if 'not' then I will have to move on Thanksgiving day.)

I gathered up all sales in my area for the year, listed from low to high price. it's obvious that a house similar to mine is in the upper ranges. I had a CMA done and I"m trying to get a copy of an appraisal done by ex's appraiser for the HELOC loan. Then copies of the bogus contracts to show how really stupid they are and finally copies of state court orders re what can and cna't be done re sale and buy out.

So here's my final weird question: lets say I somehow manage to get state court to say that if the house is abandoned that i get to buy out ex's share (almost improbable). Then I'd probably want the 7 dismissed instead of continuing. If the creditors meeting isn't until Dec...do you think there's a way to get it dismissed if the state court comes through before it?