Mediation scheduled prior to when we will file- what to do?

[sealpup]

I have an upcoming mediation scheduled for March 7 on a cc debt w/a CA. My lawyer has advised me since I will be filing bk soon anyway to not worry about it. However, if I don't do something I know they will get the default judgement and potentially a lien, which I will have to mess with vacating later on and pay $ for. I don't think we will quite be filed before March 7, but if we are, it makes the mediation null and void, correct? To avoid the default judgement and lien, could I potentially try to work out a payment arrangement with them with the first payment to start after bk was filed (which obviously would be in bad faith as I would not be paying them a dime, just staying out of court)? Could anything negative happen if I did this? Would there be any way to file a motion to extend the mediation and tell the judge I am exploring my bk options? Or do I just not worry about it?

[helpmeout]

I read one of your posts on 2/8 where you said you are a month away from filing. So you should be filing around 3/8. Once you have confirmed that filing date with your attorney, when you go to mediation and tell them that you are filing BK the very next day so this is a waste of time as you will not agree to pay a debt that is going to be discharged. I would tell them that even if the plan is to file 2 weeks after the mediation.

[sealpup]

It costs $60 to do the mediation- is it worth it to pay that just to tell them I am going to file BK? I took a closer look at our projected budget and we should be able to file (or have given the total amount due for filing to our attorney) by 3/11, if not sooner. Especially if our tax refund comes before then.

[helpmeout]

Well, you want to string this out as much as possible. Is there anyway to delay the mediatoin and reschedule it for after 3/11? If not, simply go and tell them the date you are filing BK and that there is nothing to mediate. It will take them a little time to get it to court, so you should be safe.

[AngelinaCatHub]

The worse thing you could do is make a deal in fraud. That is what you would be doing in agreement to date a first payment knowing you are going to file bk. This in itself could cause that debt to become not discharged. You could ask your lawyer to correspond with that Judge or write the creditor a letter, or show up and TELL THE TRUTH. They will throw it into high gear to sue, but they don't have the time to make a docket before you file. Best wishes. 'Hub

[sealpup]

Oh they have already sued, I filed an answer and that's why we are going to court ordered mediation. This is the routine of it for my county. Been down this road before, but never showed up for mediation- they either got the default or I worked out an arrangement with them prior to the mediation. I figure the worst than can happen is they get the default judgement, send me interrogatories so they can garnish, file a lien, or freeze bank accounts. I think we have 10-14 days to return those though once we get them and by then we should be filed. Just wanted to avoid the expense and hassle of vacating another judgement down the road if at all possible. I almost paid these guys a huge chunk of $ back at the beginning of December, but they wouldn't accept my offer. In a few weeks I bet they will be wishing they had accepted it. With our case I'm thinking they will get very little, if anything at all. This is kind of the straw that broke the camels back that pushed us to filing BK. Would it help at all to go ahead and notify them that I have retained an atty and will be filing BK around the time of the mediation?