Automatic Stay Question

[DaisysMom]

Crap1 did it again. Second summons within two weeks from their attorneys. Only this one is only for $666.72. Problem with this is that my attorney is charging me $150.00 to deal with each summons. That would be $300.00 and I just can't afford that. So I am going to ask him if I can give the notices and from what I understand, all I have to do is take a copy of my BK filing with my filing # to the courthouse and get it stamped. They will then put everything on hold while the BK proceeds.

My question: Do I also have to send copies to the Attny's that are filing the suit against me? I just want to be sure I do this correctly. And hope that my Attn'y understands and lets me do this part. <<<<<fingers crossed.

Thank you in advance for your help...you guys/gals are just AWESOME!!

DM

[doni49]

What was your filing date? What dates were the court cases filed?

[DaisysMom]

My first summons has to be answered by Feb. 28. My BK hasn't been filed yet, but I am taking in all of my paperwork requested this Monday and meeting with Attn'y to sign the paperwork end of next week. He's already been paid his retainer and the cort costs to file. Just need to get paperwork put together and have me sign. So I will be filed by the 24th at the latest.

DM

[doni49]

If you're filing 4 days before the repsonse is due, then I think you should be safe to just go ahead and file. Then after you've done so, write your repsonse to the summons and state that you've filed BK giving your case number. The summons should have instructions telling you where/how to deliver your response.

If the deadline gets too close, I'd just write that your atty is preparing the paperwork for you to file a BK7 and you expect to file by xx/xx/xx.

[tobee43]

i wouldn't even bother responding provided you have listed the creditor on your petition when you file and just list the docket number, after your bk is discharged and closed you can file a motion to vacate any judgment or relief they sought.

when we filed we just listed the docket numbers of the judgments, but also listed them as unsecured debt and any other place on the petition which was possible. make certain if you don't have the docket number by the time you file that you list the original creditor, the collection agency and the atty handling the suit.

once your bk is discharged and closed, IF they did get the judgment you just file a motion to vacate the judgment and in MOST cases, the motion is granted and the judgment or suit is removed.

[AngelinaCat]

Get busy and file. Make sure that all of your creditors are included in your petition. Then for good measure, I would add these attorneys, to make sure you had everyone covered. If you are dealing with summons at this point, you are in the very beginning stages, and all of the suits will be ''tolled' or 'stopped'. Then the underlying debt will be discharged, and the whole thing 'goes away'. Unless one of the creditors decides to file an AP. However, that is another discussion.

When we filed, we were fending off a couple of lawsuits, and had already had the initial hearings. We were waiting for the Arbitration appointment. We listed the original creditors, and the law firm. Both creditors used the same law firm, so that was easy.

Good wishes to you!

[doni49]

i wouldn't even bother responding provided you have listed the creditor on your petition when you file and just list the docket number, after your bk is discharged and closed you can file a motion to vacate any judgment or relief they sought.

when we filed we just listed the docket numbers of the judgments, but also listed them as unsecured debt and any other place on the petition which was possible. make certain if you don't have the docket number by the time you file that you list the original creditor, the collection agency and the atty handling the suit.

once your bk is discharged and closed, IF they did get the judgment you just file a motion to vacate the judgment and in MOST cases, the motion is granted and the judgment or suit is removed.

But if you ignore it and let them get a judgement, you'll eventually need to spend time and posssibly money getting the judgement vacated. If you respond by telling them you've filed BK and here's the case number, there won't be a judgement to get vacated.

[btbeme]

Once you file it all stops. Just file before the hearing date. If you end up having to postpone filing your BK past the date for response, you can easily draw up a response and file it with the court. I did so when I needed another 45 days before filing. It cost me a filing fee at the state superior court, but no biggie. I found great outlines for responses online.

As already advised, add the attorney office to your filing. In my case, I also had to send copies of my BK filing to the arbitration, since the attorney for the credit card company that sued apparently didn't read his mail. But, no biggie again.

[tobee43]

But if you ignore it and let them get a judgment, you'll eventually need to spend time and possibly money getting the judgment vacated. If you respond by telling them you've filed BK and here's the case number, there won't be a judgment to get vacated.

doni, OP did not give an actual filing date because they haven't filed yet.

summons are USUALLY only served when the creditor hasn't been notified by the bk court of the pending bk. if the OP has a docket number for his bk he can answer the summons in writing if he/she is so compelled. also, if OP has filed, then the creditor is in violation of the stay, and Op's atty wouldn't be charging him/her per summons. now that's an additional cost not needed. we had summons and since they were going to be included in our bk we never answered them. (we did have two medical judgments but they were a year or two prior), however NONE of those summons we didn't answer turned into actual judgments, and i guess we were lucky.

i don't know what the atty is charging for other than writing a "stall" answer, which one can do by them self.

also, even if Daisy answered and even went to court on the summons, what's to stop the judgment??? it will happen anyway, if the debt is legitimate. the difference is now one has wasted their time and effort and money on something that wasn't going to be stopped until they actually file their bk and a stay is in effect.

it's a personal choice for certain. think about it, if the creditor is really owned the money, and one goes to court to fight it, what does a judge do, grants the judgment in more cases than not. if you go in front of a judge and say i'm going to file bk, but you haven't yet, it means a hill of beans to them. i suppose the very best scenario would be the judge would allow OP to make small payments until they file, which is a waste of money again since i'm certain eventually the debt will be listed.

ahhh...and just an edited note here: this is really NOT an auto stay issue, since no stay is in effect until one files.

[doni49]

doni, OP did not give an actual filing date because they haven't filed yet.

I know. That's why I asked for the dates (first reply). OP stated she plans to file 4 days before the response is due. If that DOES happen, she can respond with a BK case number. It is my understanding that a BK case stops (almost) any civil court case from proceeding.

As to the possibility of them not filing before the response is due, I KNOW that telling them "I plan to file BK" won't stop them from proceeding. But if she does respond, they're most likely going to schedule a hearing. She'd likely have time to get her BK filed before the hearing. By responding that she plans to file BK, she has told the judge/clerk that it'll likely happen soon.

[tobee43]

I know. That's why I asked for the dates (first reply). OP stated she plans to file 4 days before the response is due. If that DOES happen, she can respond with a BK case number. It is my understanding that a BK case stops (almost) any civil court case from proceeding.

As to the possibility of them not filing before the response is due, I KNOW that telling them "I plan to file BK" won't stop them from proceeding. But if she does respond, they're most likely going to schedule a hearing. She'd likely have time to get her BK filed before the hearing. By responding that she plans to file BK, she has told the judge/clerk that it'll likely happen soon.

yes, it's cutting it pretty much down to the wire. again, i think it's a personal thing. if it makes one feel better, than answer, or show up and see if you can stall a few days until the filing.

LOL!! you know how many judges heard oh yeah, i'm going to file BK shortly. and the dog ate my payment (JUST kidding!),i'm certain they have heard it all. and, i hear you, many people may chose to do what you are saying, it's just i'm not one, i would let it ride. i have become brave in my old age.

[DaisysMom]

TY all for the responses!! Here's the timeline...summons has to be answered by Feb. 28th. I have paid the retainer and court fees to file the BK and will be giving my attn'y all of the necessary info (paystubs, bank statements, etc.) this Monday. He told me it will take about 4 days to get it ready for me to sign and then get it filed at the courthouse. So I don't know the exact filing date, but it will be soon and before the summons deadline. My concern is telling him I want to give the muny court and the CC attorney the filing info so I can save the extra $300. he wants. I don't know if he will agree, but I sure hope so.

DM

[tobee43]

TY all for the responses!! Here's the timeline...summons has to be answered by Feb. 28th. I have paid the retainer and court fees to file the BK and will be giving my attn'y all of the necessary info (paystubs, bank statements, etc.) this Monday. He told me it will take about 4 days to get it ready for me to sign and then get it filed at the courthouse. So I don't know the exact filing date, but it will be soon and before the summons deadline. My concern is telling him I want to give the muny court and the CC attorney the filing info so I can save the extra $300. he wants. I don't know if he will agree, but I sure hope so.

DM

i would keep the $300 and if you want ask the atty for a copy of your summons he/she answered and copy it

he'll agree to giving him another $300 LOL!

[DaisysMom]

It's my attorney who wants the $300. He is charging an extra $150.00 to answer both of the summons I have received. Ouch....I do not have that kind of money and it all has to be paid (including the the other half of his retainer "$487") by the date of the 341. That would be a total of $787. I just can't come up with that much.

DM

[tobee43]

It's my attorney who wants the $300. He is charging an extra $150.00 to answer both of the summons I have received. Ouch....I do not have that kind of money and it all has to be paid (including the the other half of his retainer "$487") by the date of the 341. That would be a total of $787. I just can't come up with that much.

DM

really, you can just answer them yourself. really, if that is what you want to do. just follow the instructions on the summons, it's pretty cut and dry most of the time.