Getting Zero Information from Attorney

[calco86]

Here is some information on our situation. We are a family of 6. myself, wife and four kids. We filed 10/26/10 and our "341" meeting is on 22 Nov. We are a little worried because we are 6K in back rent, we have a couple bad checks in collections. My wife doesn't work and I got hurt and on workers comp (466.67) a week with a new born baby.

Here are some of my question:

(1) Has any one had a creditor object to a discharge? If so what happens? Will the case be discharged?

(2) I have been looking for a job and may have one in Vegas and wondering if we can move after the 341 meeting if I get the job.

(3) Will the bankruptcy court dismiss our case because of the outstanding checks.

(4) We are unable to pay rent and now looking at eviction, how long do we have before we have to leave or be evicted. I thought there is something about the automatic stay.

We are very young 24 and 26 and made some mistakes and now trying to get back on the right track, just need to find another job to get us back on our feet.

[ccsjoe]

1. A creditor can only object to the dischargeability of a portion of a debt or entire debt depending on the circumstances. A creditor will not get your entire case dismissed or affect the dischargeability of other creditors' accounts.

2. Not sure, but, I can't reasonably see why not. Someone else answer here please.

3. No. Hopefully you included the outstanding checks in your petition.

4. Do not know NY state laws, but, tenancy is covered by state civil code. There is a motion a landlord can file to have the stay removed and force your eviction. Please consult your civil code as it pertains to evictions...this will prove more useful to you than potentially the stay.

[tcreegan]

Hi calco and welcome,

1. Will the case be discharged? not the whole case, just their debt. And the creditor has to have a reason to object, not just on a whim, and it costs them $$ Student loans, some taxes, court-order payments, these sorts of things are not discharged. Cash advances w/in 70 days of filing, large cc charges w/in 90 days of filing, luxury items, payments to family/friends, fraud, these sorts of thing can cause an objection.

2. wondering if we can move after the 341 meeting if I get the job. heck, you can move even if you don't get the job....just be prepared to travel back to the court where you filed for an appearance. Probably not going to need to after the 341, but be ready just in case...

3. Will the bankruptcy court dismiss our case because of the outstanding checks. ...No

4. We are unable to pay rent and now looking at eviction, how long do we have before we have to leave or be evicted. I thought there is something about the automatic stay.....someone here is an expert on this....cssjoe? If no one answers on this thread, post a new thread with rent, eviction, and automatic stay in the title.

made some mistakes and now trying to get back on the right track Welcome Aboard! You are in good company around here....

Tom in Colo

[ccsjoe]

LOL, we posted at the same time Tom...nice!

[calco86]

Thanks for the info,

I just thought of something:

Here is the information and had a question about it:

filed: 10-26-2010
341 11-22-2010
last day to file objections: 1-21-2011
Proof of claim: 4-?-2010 - What is this, does this mean that it wont be discharge until then?

Also what should I be looking for on Pacer?

[biotechsolution]

Your filing will cover the rent up until the day your file. You are responsible for any rent after your filing date, you won't be able to discharge anything after that date. If you are that far behind your landlord can get a relief of stay fairly fast and you'll be responsible for rent up till your eviction.

[calco86]

So I would be responsibility from the filing date to the eviction date?

[newbie2]

So I would be responsibility from the filing date to the eviction date?

Yes. Any debts incurred after the day you file are not discharged.

[calco86]

So woudn't that be the same in the NYSEG (electric and gas) Someone on here to me not pay them because I included them?

[tcreegan]

Hi again calco,

Same w/ NYSEG, you owe all past the filing date. And a heads up...utilities may demand a deposit after a BK, usually 2-3 times the monthly bill

Proof of claim: 4-?-2010 - What is this, does this mean that it wont be discharge until then? ...a proof of claim is just a creditor telling the court how much they are owed (by the BK estate, not you) In a no-asset Ch 7, no proof of claims are filed b/c no one is getting any $$ anyhow. If you are an asset case creditors have 90 days past the 341 to file a proof of claim, govt agencies get 180 days from file date. Doesn't effect your discharge.

Also what should I be looking for on Pacer? 'means no' = you passed the means test; something about asset/no asset; something about having the pre-BK class filed; that all I can think of right off the bat...

Tom in Colo