Do both of us have to keep attending?

[TeacherMomma]

Is there some form or motion or whatever I can file to have only me continue to attend any BK hearings, not my husband. He works nights and about fell asleep for the 341, LOL...and now this reaffirmation hearing is mid day next week, mid SLEEP for him. He cannot take the night before off cause he has to save sick days for when I have my upcoming surgery........
And with this upcoming objection, I am HOPING it can be done on paper, but if not and we have to go in....ug, I am wondering if we both have to be there all the time? I know his work has to let him go to appear in court, that is not the issue - we don't want them to know what is going on obviously.

I bet this is a dumb question. LOL

[justbroke]

For the reaffirmation, you both need to be there because you are both reaffirming. The Judge may have questions for your spouse.

As for the objection... check to see if your local District uses "negative noticing". Call the Clerk of the Court and ask for your Case Manager. Ask them a "procedural" question. Ask if negative noticing is allowed and, if so, where the negative noticing chart is located. If negative noticing is allowed, you can put a "preamble" on the Objection which basically states that unless the creditor responds within so many days (the number of days is set by the negative noticing chart and local rule), the matter would be considered unopposed. That keeps you out of court.

If your District doesn't support negative noticing, you'll probably have to call the Clerk's office and ask for the next calendar date (based on local rule) for an Objection to Claim. You'll then file the paper (objection) and also, depending on local rule, that paper may need to have the hearing date on it... that's why you ask for the hearing date first.

I don't think your husband would need to appear at that hearing, if there is one.

Check the local rules on Rule 3007 Objections to Claims. If you are in SD California, then they have fixed forms for everything. The Objection to Claim is on form CSD2015

[TeacherMomma]

www.cacb.uscourts.gov

[justbroke]

Wow... that was alot. Can you just ask the Clerk?

[TeacherMomma]

I called and all I have to say is: What clerk? No one answers any phone there? And the one person I got knew nothing of any "case manager" being assigned to any debtors, and told me to ask my atty, but I did get an answer about negative noticing after she asked me what it was, put me on hold, came back etc. When I was there filing the girl kept answering the phone stating they do not give legal advice, they do not give legal advice.

I need help here.

Originally I thought I was just filing an objection/response to the USTs motion to dismiss or convert (that he has not filed yet, but I am working on). I have the format and my information to do this. What else am I filing to complete this objection? In my other thread justbroke, you mention an Objection to Claim, and that has to be different/in addition to/the same as the above objection or no?
I am reading the Rule 3007 about Objections to Claims and I have to "prepare an order" in case my objection is granted, and file all sorts of other items??

[justbroke]

I called and all I have to say is: What clerk? No one answers any phone there?

Well, you call the Intake, and there should be case managers, in the clerk's office. If you are in the Southern District California, they are called Case Administrators. They are divided into cases ending in 00-49 and 50-99, between two Case Administration Teams, which have a manager for each. There are 13 individual Case Administrators that I can tell.

And the one person I got knew nothing of any "case manager" being assigned to any debtors, and told me to ask my atty,

They are assigned to cases, not debtor's themselves. They said to ask your attorney, because that's all they (the Intake center) is used to dealing with, unfortunately.

I need help here.

Here it comes!

Originally I thought I was just filing an objection/response to the USTs motion to dismiss or convert (that he has not filed yet, but I am working on). I have the format and my information to do this. What else am I filing to complete this objection? In my other thread justbroke, you mention an Objection to Claim, and that has to be different/in addition to/the same as the above objection or no?
I am reading the Rule 3007 about Objections to Claims and I have to "prepare an order" in case my objection is granted, and file all sorts of other items??

Okay, two things. I think the objection to claim was for someone else who jumped into the thread, so ignore that.

Since I'm in so many threads now... are you objecting to a claim? Otherwise, ignore the objection to claim.

[TeacherMomma]

Oh thank god you said that!!! No, the objection to claim does not apply to me and I can come back from the Twlight Zone!!

SO - my objection to the UST's motion to dismiss or convert to an 11, aside from filing THAT response with the court, am I calendaring anything myself?

[justbroke]

SO - my objection to the UST's motion to dismiss or convert to an 11, aside from filing THAT response with the court, am I calendaring anything myself?

No! Since the UST is the moving party (aka the movant) they are the one that is required to calendar the hearing. You just have to file your Objection or Opposition to the Motion to Dismiss, once they file it.

Check out the Court's website. You can find the phone numbers DIRECTLY to your Case Administrator. Always be cordial... always say you have a "procedural question", and always be way nice. You get back from them, what you give to them. It's nice to be able to call directly, as I call mine directly, because those people in Intake, are just not friendly.

[TeacherMomma]

[TeacherMomma]

Thank you justbroke, you put me at ease. I was looking at that objection to claim thining WTF did I get myself into!!?? LOL Thanks a heap.