HELP! Meeting of Creditors Tomorrow Afternoon.

[tobee43]

I agree 100%. I was referring to the statement about providing the case number and the creditor will leave him alone. With the stay not there, they may not and don't HAVE to.

yes, exactly, with the case number the creditor best leave him alone!! got it, i see what you were referring to, and that should be enough.

however, the first i would do is amend the petition and include that left out creditor! some say it doesn't matter, i disagree, each creditor must be properly notified.

[LadyInTheRed]

wirelessdog, how did it go today?

[wirelessdog]

First,
Thanks to LadyInTheRed for providing the information I needed. I found my Social card early this morning, the 343 meeting was uneventful and lasted maybe 3 minutes.

To the rest of you: shame on you. the misinformation provided and snide answers were neither helpful or remotely close to constructive criticism. If you don't like the question - move on.

There is an Automatic Stay for the first 30 days of a subsequent filing. That can be continued longer if the BK Judge grants a motion requesting. We are well within the 30 days and the particular creditor I mentioned now has warrants for his arrest in two different states at the state level and we'll see how my motion turns out today on the Federal Level.

[DSPatch]

Congrats on making it to the 341, hopefully the rest of your case is uneventful and you get the fresh start you need.

As to this:

To the rest of you: shame on you. the misinformation provided and snide answers were neither helpful or remotely close to constructive criticism. If you don't like the question - move on.

That is a bit out of line, mate. I read back through each response and saw no snide remarks and quite a bit of helpful criticism. There was no misinformation, either - BK laws vary from jurisdiction to jurisdiction and just because it does not apply in yours does not make it misinformation, it just makes it inapplicable information.

You might want to look at the posting credentials of those you slammed. They are peers on this forum with a lot of combined experience and I am pretty sure they are here to help in spite of the frequent lack of gratitude and low pay. ;)

Manners matter - especially when you are asking for help.

Patches

Good luck to you.

[justbroke]

For future reference and other filers. I did not have my SS card when I went to my 341 Meeting! However, I did read the rules in details. The rules are that you need to provide PROOF of your social security number (SSN). So, I found a copy of an IRS Notice of Intent to Levy and used that! Trustee didn't even blink after looking at it and then stating that "the debtor presented a Florida driver's license and proof of his SSN..."

Of course, the SS card is the best thing to have, but there are other ways to prove your SSN.

[wirelessdog]

Patches,

In this forum, I find suggestions to go get a lawyer and the likes to be insulting regardless of credentials.

My emergency motion was granted today - it was filed simultaneously at the same time I was at the 343 I had a friend drop it off.

They have set a hearing and ordered said creditor to appear.

[justbroke]

Emergency petition for what purpose? To continue the automatic stay?

Please know Wireless, that even I, a seasoned pro se debtor who has a successful track record in contested matters, still send certain posters towards an attorney. That should not be offensive at all. It should be an indication that something appears to be missing.

For example, if you had a dismissed case and need to extend and/or continue the automatic stay, that should be done as a so-called "first day" motion. Many pro se debtors who have had a case dismissed may not realize that. These types of procedural issues can be very problematic.

I can't, however, apologize for seeing certain things. You may not realize this, but we have many debtors, pro se and those that file with an attorney, post last minute to fix or understand certain things. Some responses will be a harsh reality and some contain more information about options.

I'm glad you found the forum. There are great pro se debtors here that have done the near impossible (Chapter 13 confirmations, conversions, Adversary Proceedings, Case Re-openings, Contempt Orders, Sanctions, and the like). You may just be frustrated and can't see that there is a wealth of knowledge here.

[wirelessdog]

I filed an emergency motion for show cause against the creditor. He cut the power this morning to critical equipment I need to run a business. Its a sticky situation. Commercial lease that I signed for personally. Equipment is owned by an LLC that has nothing to do with the BK other than my owning 10% of it. The creditor entered into the place of business, broke into the equipment rack, cut power to everything. This after I advised him of the BK with case number and forwarded him a copy of the 343 meeting notice. All this over a lease that is only 16 days past due and will be paid current on Tuesday.

I agree that I should have filed for the extension as a first day motion. That being said, since I failed to do so, and had the 343 meeting today. What else is suggested?

[DSPatch]

Please know patches, that even I, a seasoned pro se debtor who has a successful track record in contested matters, still send certain posters towards an attorney. That should not be offensive at all. It should be an indication that something appears to be missing.

Um, just to clarify - I was not the one who said that. That was the OP's response to my saying it was decent advice.

Patches

[justbroke]

I filed an emergency motion for show cause against the creditor. He cut the power this morning to critical equipment I need to run a business. Its a sticky situation. Commercial lease that I signed for personally. Equipment is owned by an LLC that has nothing to do with the BK other than my owning 10% of it. The creditor entered into the place of business, broke into the equipment rack, cut power to everything. This after I advised him of the BK with case number and forwarded him a copy of the 343 meeting notice. All this over a lease that is only 16 days past due and will be paid current on Tuesday.

Yes, that deserved an Ex-Parte Emergency Motion! I had to file one of those myself at one point.

That being said, since I failed to do so, and had the 343 meeting today. What else is suggested?

I would check PACER and make sure that the stay was not automatically terminated. In fact, there may not even be a notice that it is terminated; it may be terminated as a matter of law (process). You are supposed to file the Motion to Continue/Extend the Automatic Stay within the first 30 days or it "could" cause problems. I'll assume that no other creditor is harassing you, so the 30-days may not be a factor. I might still be inclined to file the Motion.

If you are up for it, and that creditor had actual or constructive notice of the filing of bankruptcy, I might be inclined to ask for Entry of Order to Show Cause and for Sanctions. What you post demonstrates a willful and egregious act. However, if that 30 days has elapsed... it could get sticky.

[justbroke]

Um, just to clarify - I was not the one who said that. That was the OP's response to my saying it was decent advice.

I know... it was a slip of the hand. My brain saw patches i the prior message so my fingers typed... patches! My apologies!

[wirelessdog]

30 days has not elapsed yet, however, we are quickly approaching it. Is there a template you can direct me to for that?

I asked for show cause, contempt order and sanctions.

The police aren't playing games either and warrants have been issues in both Maryland and Delaware so we'll see if he can even make the hearing.

[justbroke]

30 days has not elapsed yet, however, we are quickly approaching it. Is there a template you can direct me to for that?

I asked for show cause, contempt order and sanctions.

There is usually a template because this is a VERY common motion! I'm glad that you are seeking sanctions. You should get estimates so that you can provide evidence of your actual damages! Don't forget to ask for punitive damages since it was egregious and willful.

Here's a Motion to Extend from the Eastern District of Tennessee. They are pretty much standard. Don't forget the service requirements which you'll need to look up in the FRBP. You probably need to serve it on ALL creditors and the Trustees. You may also need to submit a "proposed order" as well. That would be a District specific "local rule".

I might be inclined to check PACER for some examples of the form for your District. There may actually be local forms for this already.

[MarkCantaur]

Wirelessdog, from what I see from reading here, you have been very courteously treated. Perhaps in your distress, you are too prickly??? Everyone here wishes you well...

[AngelinaCatHub]

30 days has not elapsed yet, however, we are quickly approaching it. Is there a template you can direct me to for that?

I asked for show cause, contempt order and sanctions.

The police aren't playing games either and warrants have been issues in both Maryland and Delaware so we'll see if he can even make the hearing.

Mr. Wireless; We are NOT going to give you legal advice as this it not only against the law, but against the rules. You have had the best of advice only from experience. As I see it, you are pushing the line of your abilities to be your own lawyer. For the trouble you are having, I would advise you to "bite the bullet" and pay for a real lawyer. I see you losing in the end. Your ego and impatience is showing. It will give you away and do you in. Advice is, take it or leave it. You are on your own. 'Hub