Help! 60 days after 341 and now another notice of hearing???

[bluemartini]

I filed Chapter 7 in December and my 341 was in late January. The list of creditors included credit cards and also the mortgage debt from my house that went to foreclosure in a year ago in March 2010.

Last month I was surprised when I got a notice that my lawyer filed a motion to vacate lien on my old house. I didn't call him about it because I've been extremely busy
and I figured that he knew what he was doing.

So late last week was my 60 days since the 341, and I was expecting/hoping to get the discharge anytime now.

Instead now I'm receiving a Notice of Evidentiary Hearing on Motion to Vacate Lien. The hearing will be in two months.

My lawyer's office is closed for the day and I'm dying to know what this means. What on earth will this mean for my bankruptcy case?

I wasn't expecting this. Is this something I should be concerned about or is it a standard procedure for Chapter 7 cases involving a home that went to foreclosure? Right now I'm honestly very nervous.

Any insight would be much appreciated.

[bluemartini]

I just went back and looked at the Motion to Vacate Lein ... it says that it's supposed to be granted automatically if no creditors object within 21 days.


According to the court docket (on Pacer), no creditors objected. So why would a hearing be scheduled?

There was no presumption of abuse in my case, passed the means test etc., and I was told this was an open and shut case by my lawyer. Could this be a mistake on the court's part?

[AngelinaCatHub]

My opinion only. This hearing refers to an existing lien. Your bk will (or should) be discharged on time. If this notice was not filed in bk Court, it is Civil. I am not sure it is even going on during your automatic stay, but since while in bk, it could be connected. See on your PACER if you are have an AP. I'll bet you will get your discharge very soon. Your lawyer did right to vacate the lien as this is NOT automatic. So he's a good guy. Best of luck. 'Hub

[bluemartini]

Thank you for replying Angelina! I am sweating bullets right now and am dying to talk to my lawyer. It is going to be a long night.

This was filed in BK court. My BK case # is listed at the top of the paper. It is listed on Pacer too.

The notice says that:

NOTICE IS HEREBY GIVEN that a hearing in this case will be held on (May XXX at XXX AM in Courtroom
XXXX , street and city,) and to transact such other business that may come before the
court.

And then below that it lists the motion to vacate lein that was filed by my lawyer.


I remember now that about one week before the 341, one of the credit card collections agencies filed a "request for notice" whatever that means. Could that be related? My 341 went smoothly and no creditors showed up.


I am just confused as to what the court means by having a hearing for "whatever other business may come before the court."

[bluemartini]

Also:

See on your PACER if you are have an AP.

What is an AP?


And thank you for this:

Your lawyer did right to vacate the lien as this is NOT automatic. So he's a good guy.

I feel better when I think of it that way.

Praying with all of my heart for a discharge and no bumps in the road.

[discombob1]

Try not to worry too much, Hub knows what he's talking about. I have noticed that legalese always seems to include extraneous wording. I wouldn't worry about the "whatever other business" part. Hang in there, your lawyer will explain it soon!

[justbroke]

An AP is abbreviation for Adversary Proceeding (AP) which is the complaint process in the bankruptcy process. It's a full blown A "miniature" trial inside the bankruptcy. I would not worry about that.

As for your request for notice, this is just a creditor asking the bankruptcy court, and debtor, to send all notices requiring service to a particular address and/or attorney that is representing the creditor. It is really just that, a "notice". Also attorneys must make an "appearance" and this is the technical way that they enter their appearance -- indicating which client they represent.

As for your hearing, that's for your Motion to Vacate a Lien. I'm guessing it was a non-consensual lien that was from a judgment creditor that sued you before filing. In any event, the Court always allows other business to be transacted on the same day. This keeps things nice and tidy. There is no sense having the attorney come to court on multiple days for multiple reasons if there are other things that can be taken care of that day.

[bluemartini]

Thank you for explaining AP! I don't see that anywhere on Pacer so I guess that's a good thing.

As for your hearing, that's for your Motion to Vacate a Lien. I'm guessing it was a non-consensual lien that was from a judgment creditor that sued you before filing.

Yes it was. To be honest I didn't even realize there was a lien on me until I got the "motion to vacate lien" notice in the mail from my lawyer! This foreclosure happened a full year ago. I have checked public records on myself a number of times since then and never saw a lien anywhere. Just the foreclosure judgment.

Chase mortgage got a final judgment against me a year ago, and then a month later a new certificate of title was filed, transferring the property from Chase to another mortgage company. That left a portion of the mortgage balance "unsecured" and the unsecured part was the part that my lawyer wanted to have me released from.

It's all so confusing to me.

Since Chase and/or the other mortgage company never objected to the motion to vacate lien, then it's safe to say they won't show up at the evidentiary hearing, right?

I still can't believe the court scheduled the hearing anyway. Everything was all set for discharge. Nobody objected, so why schedule a hearing?

[chicagoannie]

My opinion only. This hearing refers to an existing lien. Your bk will (or should) be discharged on time. If this notice was not filed in bk Court, it is Civil. I am not sure it is even going on during your automatic stay, but since while in bk, it could be connected. See on your PACER if you are have an AP. I'll bet you will get your discharge very soon. Your lawyer did right to vacate the lien as this is NOT automatic. So he's a good guy. Best of luck. 'Hub

Hi 'Hub - question: I thought motions to vacate liens get filed after discharge. Can the motions be filed anytime after filing BK? Tks!

[justbroke]

I still can't believe the court scheduled the hearing anyway. Everything was all set for discharge. Nobody objected, so why schedule a hearing?

Don't worry about the motion to vacate. It should be granted without any issue. This in no way affects your discharge! This is solely an issue with removing the recorded lien from the judgment.

Hi 'Hub - question: I thought motions to vacate liens get filed after discharge. Can the motions be filed anytime after filing BK? Tks!

Typically motions and other procedural matters are done at various times including before and after discharge. You do not need to wait until after discharge to file this type of motion, and it's better to file it early (so that all matters are settled before discharge). At least that would keep the case nice and tidy.

[bluemartini]

Don't worry about the motion to vacate. It should be granted without any issue. This in no way affects your discharge! This is solely an issue with removing the recorded lien from the judgment.

Thank you for explaining that... I did not know!

Anyway I FINALLY FINALLY got hold of my lawyer's paralegal this afternoon, and guess what.... my case is discharged as of this afternoon!!!!!

Just to be sure I went onto Pacer and sure enough, there it is, signed sealed and delivered by the judge today.

WOOOOOHOOOOO!!!!!!! DOING THE HAPPY HAPPY HAPPY DANCE!!!!!!! YEEEEAAAA BABY!



I'm still waiting to hear back on why an evidentiary hearing has been scheduled even though nobody objected to the motion to vacate lien. The paralegal thought that was odd too. But since this is a separate issue from the bankruptcy I feel better.

Happy dance!!!!!!!!!

[justbroke]

Congratulations on your discharge! See, that was nothing to worry about!

[chicagoannie]

Typically motions and other procedural matters are done at various times including before and after discharge. You do not need to wait until after discharge to file this type of motion, and it's better to file it early (so that all matters are settled before discharge). At least that would keep the case nice and tidy.

Thanks, jb. I did not realize I could have started working on getting some judgments vacated before discharge. In any case, I need to be working so I have the cash to file the motions so hopefully I can still get them taken care of soon.

[chicagoannie]

Hey Bluemartini - congrats on your discharge and WELCOME to your new beginning!!!

[justbroke]

Thanks, jb. I did not realize I could have started working on getting some judgments vacated before discharge. In any case, I need to be working so I have the cash to file the motions so hopefully I can still get them taken care of soon.

Well, the motion just allows you to get an order setting aside the lien upon entry of the discharge. This is why the order granting the lien strip, will usually have the language "Upon entry of the order discharging the debtor, the lien held by Creditor... shall be deemed void."