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    #16
    You could also formally withdraw the Motion, with a Motion to Withdraw, or just let it go away. I think I like HHMs method better... because withdrawing the Motion may require a proposed Order as well.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #17
      I was looking up how to Withdraw the Motion, because I feel like something is left hanging there, but mine was denied, so I guess that's closed and forgotten and the rest of my Chapt 7 is moving along.

      However, my daughter (we filled out our papers at the same time, same way) got a Notice that says there was an error in processing and to please enter an Amended Motion to Avoid Judicial Lien, which must have her signature (silly mistake again). Also, it must be served on the Trustee and Creditor and a Certificate of Service filed with the Court. Then, after 23 days if no objection, submit an order granting Motion.

      I was looking up what a Certificate of Service is. The rest I think I understand, and although it's probably all unnecessary because there's no real property to get (she listed her car cheapo as exempt), it would be nice to see 'Ordered' on something after all these Notices, lol.

      I hope the Judge doesn't see this as annoying and squishes me like a bug in there.

      So, maybe that's something we could just not do too, sounds like they need everything I was needing, but hers wasn't denied.

      I wonder if that would just go away too?
      8-4-09 Filed pro se Chap 7 (I still can NOT believe I took that first step!:blink:)
      8-25-09 Approved to proceed in forma pauperis.:unsure:
      9-8-09 :dry:Trustee's Report of No Distribution.
      11-18-09 :yahoo: Discharged! :clapping:

      Comment


        #18
        took 7 days to get here, but we had 5 to correct? lol

        Originally posted by Annie4 View Post
        However, my daughter (we filled out our papers at the same time, same way) got a Notice that says there was an error in processing and to please enter an Amended Motion to Avoid Judicial Lien, which must have her signature (silly mistake again). Also, it must be served on the Trustee and Creditor and a Certificate of Service filed with the Court. Then, after 23 days if no objection, submit an order granting Motion.
        Oh dear, I just noticed it's dated Aug 7th and she has 5 days to correct it, but we didn't even get this until the 14th.

        I'll call tomorrow, I guess we won't have to do anything afterall.

        Thank you for any more input! I appreciate all of this!
        8-4-09 Filed pro se Chap 7 (I still can NOT believe I took that first step!:blink:)
        8-25-09 Approved to proceed in forma pauperis.:unsure:
        9-8-09 :dry:Trustee's Report of No Distribution.
        11-18-09 :yahoo: Discharged! :clapping:

        Comment


          #19
          Are you sure your daughter actually has a lien to avoid? From what I am reading, you may be confusing judgements with liens. You can have a judgement, and not have a lien.

          A lien is placed on property when a creditor wants to secure the judgement by something you own , in a sense.

          If you just have a judgement, and are filing BK, the judgement's debt will be wiped out in BK.

          I think you are adding unecessary issues to to your petitions that you don't need to.

          Comment


            #20
            Yes, I was! I went yesterday and filed an amendment to both mine and my daughter's, because it was already out there, but I don't think I needed to.

            Explaination from the other "How do judgements affect C7" thread....

            "My daughter and I each filed Chapt 7's ourselves and we both had "certificate of judgment's" filed against us in the Probate Court. (Hers for a credit card and mine, well actually my husbands, for damages to another persons vehicle caused by an accident while we didn't have car insurance.)

            Not sure what they do with those (Certificate of Judgment) or if they can turn into Writ's like yours?

            Neither of us have much, but both of us have the titles to an old vehicle each ('96 car=her, and '87 truck=me). I did see to put those as exemptions as I was filling out the papers, and then....

            I accidentally came across a 'Motion To Avoid Lien' form, and even though the vehicles weren't promised or anything for either of those debts, the lady at the Probate Court answering the phone called it a Lien, so I thought I should fill that out and file it with my Petition to be sure.

            I thought they were Judgement Liens instead of just Judgments (if there's a difference) and wanted to cover all our ends just in case.

            They sent a Notice, and I had to amend that, because I forgot to add a copy of the actual Judgment with it (y'all remember that, lol), then I had to change the date on everything and re-file that.

            I took them both up there today and 'amended' them to our case and got to meet our case manager (same for both of us) and she said it all looked right now.

            It may have not been necessary at all, but after all that trouble, it'll be nice to see it get Approved! in the end, lol."

            I think there's a better way to quote from another thread, but I'm still figuring this thingy out, lol.

            Thank you for helping!
            8-4-09 Filed pro se Chap 7 (I still can NOT believe I took that first step!:blink:)
            8-25-09 Approved to proceed in forma pauperis.:unsure:
            9-8-09 :dry:Trustee's Report of No Distribution.
            11-18-09 :yahoo: Discharged! :clapping:

            Comment

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