Debtor's Exam Need to Delay

[GIn]

I have a debtors exam scheduled for next week. I am 30 days from being able to file BK due to a preferential payment. Is there any way to delay this exam? If there is no way to get a new exam date, what is the process if I don't show up? How long before bad things would happen? How likely is it that a warrant is issued and I am arrested within 30 days of not appearing at the exam? Assuming I'm not arrested, if I don't show up is there anything that would happen that can't be made to go away in 30 days when I file?

[AngelinaCat]

Who is conducting this exam?

[GoingDown]

Indiana may have different rules than Arizona, but here if you miss the first debtor's exam, the creditor can then file a motion to show cause (for why you should not be held in contempt of court).

But, you can also file a motion (before the date of the scheduled exam) for a time extension. It might buy you enough time to file BK before the exam gets rescheduled.

If I was in this situation, I think I would just go ahead and file BK now, and not worry about the preferential payment. Deal with that in the BK.

It sounds like you don't want the creditor to know your info, and the only way to stop it at this point is to go ahead and file BK now, and then make sure the creditor officially knows you have already filed BK, and make sure the court knows by filing the proper motion notifying the court of your BK BEFORE the date of the exam.


And no, they aren't going to rush out and arrest you for contempt of court, but if you got pulled over for a traffic violation, there might be a bench warrant for your arrest, and they would arrest you at that time. If you can't file BK BEFORE the exam, then you must attend the exam. You don't want to be held in contempt of court.

[GIn]

Who is conducting this exam?

A creditor who has a judgment against me.

[GIn]

Indiana may have different rules than Arizona, but here if you miss the first debtor's exam, the creditor can then file a motion to show cause (for why you should not be held in contempt of court).

But, you can also file a motion (before the date of the scheduled exam) for a time extension. It might buy you enough time to file BK before the exam gets rescheduled.

Which do you think will give me more time? I can't file yet. So no bench warrant on the first day that I don't appear? Can I ask for a 30 day extension? And how quickly does the court hear a motion to show cause if I don't show up the first time?

[GoingDown]

Which do you think will give me more time? I can't file yet. So no bench warrant on the first day that I don't appear? Can I ask for a 30 day extension? And how quickly does the court hear a motion to show cause if I don't show up the first time?

Filing a motion for an extension would be the best way to go. It depends upon how backlogged your courts are at this point, as to how much time it will buy you. But it should be enough time to file BK.

You want to avoid the creditor filing a motion to show cause. That will be a hearing in front of an angry judge demanding that you explain why you missed the exam. Not a good situation.

So, go down to your local courthouse and file a motion for an extension. Over here, they will usually grant the first motion for an extension without too much difficulty.

[GIn]

Thank you GoingDown. I know how to do the caption and the signature on the motion. In the middle, would it be something like Defendant requests an extension of time of 30 days in order to compile the documents requested by the plaintiff?

[DYLAN150]

GIn: Your the first person I have heard of on these boards having a debtor's exam. I thought most were completed thru the mail? Just wondering if you were sent paperwork to fill out and return concerning your debt?

[treehugger1]

I see many debtor exams in my small backwoods county. Almost all of these exams are from the local small-town collection bureaus or local creditors. It is not unusual in my circuit court district.

I agree that you should file a motion for an extension. You might contact the court clerk about process. You may not need a motion, although better overdone than raw.

[GIn]

I thought most were completed thru the mail? Just wondering if you were sent paperwork to fill out and return concerning your debt?

There was something sent a couple of months ago, which I ignored.

[AngelinaCatHub]

There was something sent a couple of months ago, which I ignored.

The document you ignored was like an interrogatory, the exam is much like a deposition. Same thing as both are under oath.

My lawyer used the term "Motion to lengthen time". Your reason could be (be honest) a conflict with a previously planned event. (Better have a valid one) So think of something this would interfere with. Perhaps your BK attorney has a meeting with you previously arranged. It could also be that you have to arrange legal defense (and do so) as you don't want them to claim a piece of property that the Judge may grant them. This would possibly then be non discharged. I'm only speculating now as I too am not familiar with this process. 'Hub

[DesdemonaB]

So I understand this correctly you ignored the first paper (mailed) debtor’s exam which then forced the creditor to file a motion for Proceedings Supplemental (an order to appear and answer) and you want to delay this hearing as to buy time before you can file for BK protection.

I am no lawyer but I believe you have to file a motion for continuance (found this via Google http://www.in.gov/judiciary/selfserv...ontinuance.pdf) because the plaintiff (creditor) has to agree to the continuance as well as the court. I wouldn’t be shocked if they object to the continuance request seeing that you ignored the first request.

Has your lawyer received copies of the Proceedings Supplemental? What do they say is the best course of action?

I mean you have to answer, in your state you can be jailed if you fail to appear and a BK automatic stay of relief does not make a bench warrant go away.

Good luck let us know what your lawyer says.

[HHM]

I think you are beyond the ability to delay since you ignored the first request, this hearing is likely the "show up or else" hearing.

Here is the thing, even if you file the motion, what is your "reason" for wanting to delay. If the only reason is so you can file BK, the motion will be denied.

At this point, you need to show up, if not, you will be held in contempt and as desdemonaB points out, contempt of court is not something your eventual BK will clean up.

Also, why do you care so much about a preferential payment, a preference is actually not a problem for the debtor, it is a problem for the person you paid. If the person is a family member or relative and simply tell them, I am not going to jail over this, sorry. If the preference is to a run of the mill creditor, who cares.

[DesdemonaB]

A thought that entered my head after I replied this morning....

I know very little about adversary proceedings (Thank God) so I want to ask: say you file for a motion for continuance, you use an ambiguous reason “need time to comply paperwork”, the continuance is granted and during that continuance period you file for BK; couldn’t the creditor then file an AP stating that your filing is in bad faith?

[IamOld]

Desdemona, from my very limited reading here I would say no - after all, the OP would simply be using the law to his own devices. Never mind the fact that even IF he does go to the debtor's interogatory, what is to stop him from doing the following:

1) he says he has $X in bank Y

2) on the way home he takes most of his $ out, and "spends" it on reasonable and necessary "stuff"

3) files for BK and the judgement is stayed....

A thought that entered my head after I replied this morning....

I know very little about adversary proceedings (Thank God) so I want to ask: say you file for a motion for continuance, you use an ambiguous reason “need time to comply paperwork”, the continuance is granted and during that continuance period you file for BK; couldn’t the creditor then file an AP stating that your filing is in bad faith?