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Can Plaintiff get judgment within next 10 days?

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    Can Plaintiff get judgment within next 10 days?

    I have a pre-trial conference with Discover Card 10 days from now. I have a form to fill out for the conference. It's due tomorrow. Since I will file BK before the conference, should I just blow off turning anything in, since I plan to file before then? I'm still getting my cash together, so I'll only be able to file a few days before the date. Am I safe from getting a judgment if I blow off filing the form and manage to file BK a day or so before the conference date? It makes a difference, because the price I was quoted doesn't include judgments.

    #2
    Is your pre-trial conference a pre-trial hearing before the court? If so, you can't get judgment until the conclusion of the hearing at the earliest. Did you file an answer or what? What do you have to fill out for Discover? Is it a court ordered document?

    In any case judgment's require ruling by the judge after a hearing, assuming you have no defense. Can't say more without more information.
    “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

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      #3
      Why not complete the form and show up with proof that you filed for bankruptcy at the conference? That will lead to the case being either dismissed or put on hold. Without a judgment. Of course, this will only work if you actually file before the conference.

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        #4
        The conference is a pre-trial hearing before the court. The form was sent by the court and asks for statements of defendant's claims, factual/legal issues to be litigated, and admissions and waivers. I previously filed an answer filled with B.S. I got from the internet to give me time to file BK without getting a judgment.

        Do I need to fill out any admissions or waivers? I don't really have a defense. I just filed an answer to stall them.

        So just fill out the pre-trial form with some b.s., and bring my BK file number to the conference?

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          #5
          Originally posted by Violet View Post
          The conference is a pre-trial hearing before the court. The form was sent by the court and asks for statements of defendant's claims, factual/legal issues to be litigated, and admissions and waivers. I previously filed an answer filled with B.S. I got from the internet to give me time to file BK without getting a judgment.

          Do I need to fill out any admissions or waivers? I don't really have a defense. I just filed an answer to stall them.

          So just fill out the pre-trial form with some b.s., and bring my BK file number to the conference?
          Please file every form they give you. Do this honestly as in an Interrogatory, (a written Deposition) it becomes a sworn statement. Don't attempt tricks with the Court. They take this seriously. You can stall them with the ten days you have been given, but don't ignore them. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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            #6
            I will file BK next Tuesday. The conference is Thursday. How long does it take for my filing to appear on PACER? Can I get a case number or something from the lawyer that I can show to the judge to prove I've filed BK?

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              #7
              If you are using an attorney, and your attorney files your papers online--most do--you should get your case number that very day. That is how it worked with us.

              Good luck!
              "To go bravely forward is to invite a miracle."

              "Worry is the darkroom where negatives are formed."

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