Case Management Conference.

[technoreid1]

Just wondering if anyone knows what happens at a case management conf?

We are being sued by Chase CC (filed an answer months ago)
and just got a case managment date....

We also are in "the process" of filing a BK"......

Can they get a judgment in a case management conference?

Thanks, techno

[HHM]

No...they cannot get a judgment against you. at a CMC.

A case management conference is a procedural requirement where the two, usually attorneys, are supposed to meet and come up with a discovery plan, deadlines for motions, and putative trial date. The result of the conference is then drafted, and filed with the court.

[technoreid1]

Can we go to the CMC without an attorney?
And say we are filing a BK?

what would happen in this case?

would they just set a trial date anyway since we will (most likely) not have filed by then....

thanks, techno

No...they cannot get a judgment against you. at a CMC.

A case management conference is a procedural requirement where the two, usually attorneys, are supposed to meet and come up with a discovery plan, deadlines for motions, and putative trial date. The result of the conference is then drafted, and filed with the court.

[HHM]

Yes, you can go to the CMC without an attorney.

Until you actually file BK, the CMC will need to result in some kind of schedule.

[technoreid1]

Thanks for your help!

Would I even need to go to the CMC if we file BK before the CMC?

Or should I still go to the CMC if I file a BK before the CMC and give an explanation?



thanks, techno

Yes, you can go to the CMC without an attorney.

Until you actually file BK, the CMC will need to result in some kind of schedule.

[HHM]

If you file BK before the CMC, you do not have to go. But if you file BK at any before a judgment is entered, you should file a Notice of Bankruptcy with the court.

[technoreid1]

What do you mean by "if you file BK at any before a judgment is entered, you should file a Notice of Bankruptcy with the court."?

Do you mean if I file the BK after not going to the CMC?
Or if I show up to the CMC and tell the court I am filing a BK?

Sorry I am a little confused.....

I think what you are saying is this: if I go to the CMC and tell them I will file a BK (in the future) I should file a Notice of Bankruptcy with the court just to be sure no judgement is entered because the case will continue because I would not have a BK case # at the CMC?

thanks, techno

If you file BK before the CMC, you do not have to go. But if you file BK at any before a judgment is entered, you should file a Notice of Bankruptcy with the court.

[HHM]

Ok...let me see if I can clarify...

If you are certain you are going to file BK, then you do not need to waste your time in attending the CMC...and no, the judge is not going to enter a judgment on the spot if you do not attend.

WHEN you file BK, AND a judgment yet to be entered against you, you should file a Notice of Filing BK with the court where you are being sued in order to insure a judgment is not erroneously entered against you. (if they get a judgment before you file BK, then you need to wait for discharge, and then file a motion to vacate the judgment.)

[technoreid1]

Thanks for your clarification!

But what if we file BK 3 months after the CMC (and I dont attend the CMC)?

Also - (you might have answered this before)
How long after the CMC can they get a judgement if I do not attend?

What I am trying to get at is that my wife slightly makes too much money for us to qualify for a CH7 (considering her last 6 months income)
We have been told for her to cut down on her work a little (which will take about 3 months) so that we would qualify for a CH7.

In the meantime we have this CMC coming up and are not sure what to do as our lawyer has not given us a definitive answer.

My wife and I feel it's best to file now whether it's a CH13.

thanks, techno

Ok...let me see if I can clarify...

If you are certain you are going to file BK, then you do not need to waste your time in attending the CMC...and no, the judge is not going to enter a judgment on the spot if you do not attend.

WHEN you file BK, AND a judgment yet to be entered against you, you should file a Notice of Filing BK with the court where you are being sued in order to insure a judgment is not erroneously entered against you. (if they get a judgment before you file BK, then you need to wait for discharge, and then file a motion to vacate the judgment.)