Preparing to File BK, but Summary Judgement may be coming..

[azviolet]

Advice please?

I have my docs together to file BK. I am very close to qualifying for chapter 7, however I need at least another month or two of paycheck stubs to reflect a decrease in my salary which is due to unpaid time that I have to take off for a medical condition. (this is in writing from my company's short term disability insurer- my condition is protected for the next year under FMLA).
I am missing 4-6 days per month at $200 per day loss. My paperwork states that I can miss up to 12 days a month if needed.
I am in Arizona.
My problem is this- Chase bank/Zwicker n Assoc. filed against me. A pre-trial conference was scheduled yesterday and I was prepared to attend with my attorney (have a different one for the BK tho). He had already filed a response for me, denying their allegations.
The plan we discussed was not to disclose to Chase that I am planning to file BK because I need to buy time to get these paystubs in.
Well, my lawyer calls me on the morning of the hearing and says it was vacated. He called Zwicker and told them that I am filing for BK without telling me he was doing that!!!! :-(
So a trial date is set for December now. December is perfect for me because that gives me the time I need to get my paystubs together!!
HOWEVER, Zwicker told my lawyer that they may file a Summary Judgement.
UGH!
How can I buy some time if they DO file the Summary judgement??
What kind of response can I file that will hold it off as long as possible?? I do not want to play games with timing and risk them filing it and/or getting a writ to garnish my wages!! I simply cannot afford that!
Anyone have any ideas??
I am so stressed out now, because of the "unknown" factor here - not knowing if they will file a MSJ and/or when they would do it!!
help?

[ryan]

Well, for starters I would ask the attorney, since he committed you to this BK action now and notified the creditor, right? ask him whats next?

For what its worth, the creditors are ALWAYS motioning for SJ...I would find out how to contest the amounts owed for instance. ...and as the date approached, if you were still not ready, ask for an extension of time.

[catleg]

The reason for your lawyer to tell them about your BK is to get them to back off.

Even if they do a wage garnishment, if they get more than $600 then it will be clawed back from them by the BK trustee if you file BK within 90 days, and returned to you if you have sufficient exemptions to cover it (at least in theory).

This is the flip side of preferential payments that isn't often discussed.

[daglo]

They got a summary judgement against me, but couldn't get anything. I have no job, the account was in my name, etc. One Week after the judgement, they called my attorney and offered me a settlement of 15% of the balance. I am on a payment plan with them. Call them. They want to work with you.

[optimistic1]

BK Lawyer + Inevitable BK Filing = WASTE OF TIME for a creditor/collection agency/plaintiffs counsel.

Just because they get the judgement does not mean the end of the world, they must then go through a series of procedures to actually collect on the judgement, time should be on your side, just monitor the local docket or call the court on occasion. I answered a lawsuit from Chase too, they never filed a MSJ, even though they could have, which would have been vacated upon discharge.