Notice of Preliminary Hearing re: Objection to turnover of 2000 4Runner

[AMISLANDER]

Just checked PACER and there it was, my Notice!

Thank god I looked, as I have to request the date off from work, it's a few days before Xmas and it's a morning hearing....Here's the jist of it:

Conduct of Hearing. The court will not permit the introduction of testimony or documentary evidcence at the preliminary hearing. However, the court will consider as part of the record affidavits that are offered without objection, uncontradicted proffers of evidence made by counsel, and judicial and evidentiary admissions made by the parties in open court or in the papers and schedules filed with the court. NOTICE IS HEREBY GIVEN to the parties that at the preliminary hearing, the court on its own motion mahy grant summary judgment in favor of the movant or respondent as to all or part of the relief requested, if there is no genuine issue as to any material fact and some or all of the relief requested should be granted or denied as a matter of law.

Ok...so, what does this mean really? Can I bring any documentation at this point to support the non-worth of the vehicle? Do I get to make any explanation as to why the lien is on the title?....what exactly is going to happen?

[riverlady]

You are going to go in from of the judge and present basically a summary of your case for the cour to determine if you are to move forward. Bring everything just in case.

>>However, the court will consider as part of the record affidavits that are offered without objection, uncontradicted proffers of evidence made by counsel, and judicial and evidentiary admissions made by the parties in open court or in the papers and schedules filed with the court. <<

Does the trustee have anything to offer to the court you are not objecting to?

The judge is really looking for ground to warrant going forth with this objection. He/she will be looking for what your point of the objection is and if it is based in fact on law.

I had one of these when the mortgage tried to get the house out of bk because I was on the title but not on the mortgage and the judge ruled right then because they did not have a legal leg to stand on to move forward the objection of the stay. They offered to the judge the mortgage papers showing I was not on the mortgage which was evidence that was not in dispute. I offered my title on the property and papers I signed with the mortgage company showing my rights to be on the title and to be held accountable as to leins on the property which also was not in dispute. Since these two key peices of papers were not objected to by anyone the judge used them to base her ruling to deny their objection. Hope this made sense.

Good Luck

[AMISLANDER]

You are going to go in from of the judge and present basically a summary of your case for the cour to determine if you are to move forward. Bring everything just in case.

>>However, the court will consider as part of the record affidavits that are offered without objection, uncontradicted proffers of evidence made by counsel, and judicial and evidentiary admissions made by the parties in open court or in the papers and schedules filed with the court. <<

Does the trustee have anything to offer to the court you are not objecting to?

The judge is really looking for ground to warrant going forth with this objection. He/she will be looking for what your point of the objection is and if it is based in fact on law.

I had one of these when the mortgage tried to get the house out of bk because I was on the title but not on the mortgage and the judge ruled right then because they did not have a legal leg to stand on to move forward the objection of the stay. They offered to the judge the mortgage papers showing I was not on the mortgage which was evidence that was not in dispute. I offered my title on the property and papers I signed with the mortgage company showing my rights to be on the title and to be held accountable as to leins on the property which also was not in dispute. Since these two key peices of papers were not objected to by anyone the judge used them to base her ruling to deny their objection. Hope this made sense.

Good Luck

Thank you!

My attorney finally emailed me on this. He moved out of town & up to Destin, FL....where our hurricanes gravitate to during the summers...lol...anyhow...

He said to take the SUV up to Carmax in Tampa and get an appraisal for court. He's already spoke to my trustee who he said, seems willing to work something out...

It s*cks to have to drive to Tampa for this but I gots to do what I gots to do...I'm thinking about tonight. Then, I can fax the appraisal to both the attorney & trustee and I guess, the judge....court date is the 21st...if the appraisal comes out how I think it will, it will not be worth the auction price!

I wonder when he's going to give me anything back from my 2005 tax refund? I would think that part of the issue has been researched? I should get three months $ back?