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Need answer quick! Please! Should I call creditors before my court date tomorrow?

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    #1

    Need answer quick! Please! Should I call creditors before my court date tomorrow?

    Yesterday(Tuesday), my hubby and I went to the court and filed, pro se , our BK petition. Tomorrow (Thursday) we had/have a court date with the lawyers for Capital One. We both have a card with them, they served us on the same day, and we both have court tomorrow night.

    I didn't want to just not show up tomorrow, but I know they will not get our filing info in time before tomorrow. Actually, my husband is out of town. Should I call the Lawyer for Capital One and/or my local civil court and give them our bk case #?

    Thanks!!!
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    #2
    You should do both, and if it were me, I would also show up in court even if your husband cannot. That is just to be on the safe side. Good luck, and actually you are a day ahead of yourself. Tomorrow is Wednesday. Be sure you have your date correct.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

    Comment

      #3
      Originally posted by AngelinaCat View Post
      Tomorrow is Wednesday. Be sure you have your date correct.
      LOL! That had me worried for a minute. I'm so busy, I thought I lost a day!

      I agree with AC. Do both and go to court. Take a copy of the file-stamped BK petition with you.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment

        #4
        Wow, you are right! Tomorrow is Wednesday... Sorry, I have been pulling some all nighters to get our petition done. Lost track of days!
        I was hoping not to go to court, I let my hubby take my car on his business trip, the other car is out of commission right now.

        I will take your advice, I just didn't know if I should be contacting the lawyers or not.

        So if i DONT show up, could they get a judgement? I will see if a friend can pick me up. We can have a FUN night out!

        Comment

          #5
          Yes, if you don't show up, they can and will get a default judgment against you. Now that you have file, your filing will negate that, but you don't need the extra hassle in case your court's local rules have some 'hiccup' in them regarding the timing of filings and judgments.

          A nice, SAFE, FUN night out sounds like a good idea about now...
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment

            #6
            Originally posted by AngelinaCat View Post
            Yes, if you don't show up, they can and will get a default judgment against you. Now that you have file, your filing will negate that, but you don't need the extra hassle in case your court's local rules have some 'hiccup' in them regarding the timing of filings and judgments.

            Yep, makes sense. I called the local court and they said that either way I could come in tomorrow and bring the Notice of Filing and they would record it. Regardless, after my conversation with the lawyers office(see below) , I will probably show up.

            A nice, SAFE, FUN night out sounds like a good idea about now...
            I meant "FUN" like how much "FUN" it is going to court. lol

            Also, I called the lawyer's office and after getting disconnected, put on hold, transferred, etc. I talked to one of their clerks, and she was very rude & nasty. I gave her the bk case number and their case numbers so she could record it.

            I then asked her how long it would be before it would be recorded, and she said "does it really matter whether it is ten minutes or ten hours?" To which I replied "why yes, tim e is of the essence since the court date is two days away". Then she started saying "Ma am, Ma am, Ma am!!!!! PLEASE let me do my job!!!"

            Jeez, who peed in her cornflakes?????????

            With that said, I will be in court. Who knows how long it will take her to "do her Job"

            I can tell this is gonna be a blast!!!!!

            Comment

              #7
              I am so sorry about that very rude experience. Anyone that either my 'Hub or I have dealt with have been very pleasant and professional--except for our own attorney at times.

              And I took the 'fun' remark wrong. I thought you and your friend might get a nice meal out afterward.
              "To go bravely forward is to invite a miracle."

              "Worry is the darkroom where negatives are formed."

              Comment

                #8
                Just to let you know, it all went well. I went to the courthouse and brought a copy of our notice of bk case filing, and by the next morning on the courts website the "stay in bankruptcy" was noted on each of our cases.

                I did not go to court, because my husband told me that when he went to court last time that he heard the judge and the lawyer discuss a case when the lawyer stated that in the file they were notified that the debtor filed for bk, and the judge also had the same info in his file, and then they just moved on to the next case.

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