Can I ask for particular date for court? Or delay things until summer?

[sillywalks]

Hello, again. I have been taking a bit of a break from thinking about bankruptcy every minute, but I think I'm ready to get back to it.

I have received one official summons from the bank that foreclosed on my investment home. I was thinking about sending a DV letter, but after reading a bit on the forum, I'm not sure it is worth it. Should I bother? I don't have any legal dispute with the debt, but I am hoping to delay any garnishment or other actions.

I had planned initially to file in February, then I learned I would not get my tax return back as soon as I thought (which I plan to use to pay my car insurance for a year, etc.). So, having waited this long, I am wondering if I will be able to wait until school is out (I work at a school). I would rather not miss work in order to go to court (I've had strep twice already this year, plus I was out 2 days for my mom's surgery). I live in fear of being fired, since we are offered a contract each year. My real preference would be to wait at least until I know for sure I will have a job next year!

I stopped paying on some cards in October, the rest in January (these have higher balances), and I have the deficiency summons looming. If I cannot wait until summer, is there any chance I could request a court date that falls on a school holiday? We have spring break the first week in April, for instance. I would hate to lose my job because I had to go to bankruptcy court!!

Any tips for delaying the whole process until summer? Is it worth sending DV letters? Currently, I simply have my cell phone ringer turned off so I let my creditor calls go through to voice mail. It means I miss some legitimate calls, but beats my phone ringing 20-30 times a day.

Anything I need to be careful to do/not do in order to prevent moving things along more quickly?

Thanks for any input. I would like to be done with this whole thing, but I'm content to take time in the hopes I will do it right.

[AngelinaCat]

I feel for you with your Mom's situation and being job-scared. But you really don't have much choice as to when your 341 will be scheduled. They normally are scheduled about six weeks or so, after you file. Some districts may run shorter or longer in the time-frame. You might try a call to the Clerk of the BK Court in your district and ask what the time-frame is. Then, whatever the answer is, plan on filing that many days/weeks BEFORE school is out.

Good luck to you!

[sillywalks]

AngelinaCat --

Yeah, things are worrisome job-wise, especially since it does not appear that things are improving much. Hard to know what will happen next year (we took 10 furlough days this year). Your thought is brilliant -- I will call the courthouse tomorrow to determine their normal time-frame! That gives me some hope that I may be able to file before anyone actually gets a garnishment (I'm not sure I would survive that at this point). If it is 6 weeks, I could file the first week in April, which only leaves about 6 weeks to avoid those nasty other problems. That sounds doable!

On the positive side, my furries are doing well. My newly diabetic cat and I adjusted quickly to our insulin routine -- it is actually a lot easier than I thought. My Rolls-Royce kitty (the one who had $5000 worth of surgery or so last summer/fall) is growing and happy. He likes to wake me up at 4 a.m. to purr in my ear and knead my neck. Apparently, 5:45 am is not early enough for him.

If anyone is needing a good laugh, MegaMind comes out this week on DVD. I might have a strange sense of humor, but I thought it was hysterical and I laughed out loud in the theater (by myself <g>).

Thanks again!

[tcreegan]

Hi sillywalks, Hi AC,

Just a thought, has anyone asked the BK court clerk to schedule a 341 on a particular day or week?

I just assumed we were at their mercy, but has anyone actually asked?

Tom in Colo

ps: Glad to hear the good kitty news, my neighbor just lost hers, she is really torn-up