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Should we go to case management conference? Just filed BK.

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    #1

    Should we go to case management conference? Just filed BK.

    Just filed 2 days ago! CH7
    in the meantime we have a case managment conference that we are supposed to go to on Tues... My wife is being sued by Chase for 8k......


    My attorney says we do not have to go to the CMC because we have already filed our BK.......and said we would wasting our time... but said we could go if it makes us feel better....


    My ? is should we still go to the CMC and show the court the bankruptcy petition? We just don't want an ERRONEOUS wage garnishment to happen even though we filed our BK before the CMC.... (if this is even possible)


    thanks, techno
    Last edited by technoreid1; 02-25-2008, 12:20 PM.
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    #2
    No, don't bother to go. There is absolutely no reason to go. Keep in mind, a CMC is just that, a conference. The judge will not be entering a judgment.

    All you need to do is file a Notice of BK with the court where the lawsuit is pending and attach the 1st two pages of your petition.

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      #3
      --
      Last edited by technoreid1; 02-25-2008, 02:57 PM. Reason: reply below

      Comment

        #4
        Made a mistake - the CMC was today! And we missed it.....

        Called the court and they said that sanctions (they specifically said monetary sanctions could be held against us for missing the CMC??)

        Just called our attorney and he said it's NO BIG DEAL to miss the CMC (just like what you said) and he said that a copy of the bankruptcy petition will be filed with the court at a later date.....

        Do you think it is OK that Notice of BK with the court where the lawsuit is pending is filed AFTER the CMC? Does it even matter?

        thanks for all your info!


        techno





        Originally posted by HHM View Post
        No, don't bother to go. There is absolutely no reason to go. Keep in mind, a CMC is just that, a conference. The judge will not be entering a judgment.

        All you need to do is file a Notice of BK with the court where the lawsuit is pending and attach the 1st two pages of your petition.
        Last edited by technoreid1; 02-25-2008, 02:59 PM.

        Comment

          #5
          Originally posted by technoreid1 View Post
          Made a mistake - the CMC was today! And we missed it.....

          Called the court and they said that sanctions (they specifically said monetary sanctions could be held against us for missing the CMC??)

          Just called our attorney and he said it's NO BIG DEAL to miss the CMC (just like what you said) and he said that a copy of the bankruptcy petition will be filed with the court at a later date.....

          Do you think it is OK that Notice of BK with the court where the lawsuit is pending is filed AFTER the CMC? Does it even matter?

          thanks for all your info!


          techno
          It does not matter. Hell, you could file the notice of BK the DAY OF TRIAL, and it would put a stop to everything.

          Don't worry about the "sanctions" thing.

          Comment

            #6
            This is funny! You sound like my attorney! He tells me not to stress... and that the CMC is just a technicality...... He says do not worry like it's NO BIG DEAL at all.....(I feel as if he is thinking that I am wasting his time with this CMC thing)

            *but it does say in the paperwork (just looked at it closely) we got from the opposing attorney from Chase that they are after a SUMMARY JUDGEMENT

            So since we did not show to the CMC what's the worst that could happen? Could they (Chase) "eventually" get a judgement and garnish wages? (assuming a notice of the BK petition is never filed with the court)

            What I am getting at is that I DO NOT WANT a garnishment to be ACCIDENTLY handed down and then we would have to try and stop it.

            I get the feeling I am stressing out about this way too much!
            My attorney acts like this is all a joke...

            thanks, techno





            Originally posted by HHM View Post
            It does not matter. Hell, you could file the notice of BK the DAY OF TRIAL, and it would put a stop to everything.

            Don't worry about the "sanctions" thing.
            Last edited by technoreid1; 02-25-2008, 04:13 PM.

            Comment

              #7
              Call the attorney for chase...tell him you have filed a BK petition, give him your case number and the phone number to your attorney...

              ...watch how quickly everything gets dropped from chase.
              Oct 9, 2007 - Filed my Chapter 13! Scores: 527/509/528
              Jan 1, 2009 - Sent in my last payment! Scores: 635/628/585!
              Feb 11, 2009 - DISCHARGED & CLOSED!
              I AM NOT A LAWYER. ANYTHING I SAY IS NOT LEGAL ADVICE.

              Comment

                #8
                Calm down....

                I assume you included this law firm on your BK schedules, correct? They are gonna get notice of the BK in a few days anyway, and if you file the Notice of BK with the court, you have absolutely nothing to worry about.

                Comment

                  #9
                  Thanks.... yes I think the law firm was included in the BK schedules (I faxed the law law firms info over to them so I assume they have included it)

                  My lawyer said he was going to file the Notice of BK with the court and the law firm.....

                  Do I still need to file the Notice of BK with the court and the law firm even though my lawyer said he was going to take care of it??

                  Thanks, techno


                  Originally posted by HHM View Post
                  Calm down....

                  I assume you included this law firm on your BK schedules, correct? They are gonna get notice of the BK in a few days anyway, and if you file the Notice of BK with the court, you have absolutely nothing to worry about.

                  Comment

                    #10
                    Also today I faxed over the 1st page of the BK petition to Chase to show them I have filed.... (hope I did the right thing)??

                    techno

                    Originally posted by HHM View Post
                    Calm down....

                    I assume you included this law firm on your BK schedules, correct? They are gonna get notice of the BK in a few days anyway, and if you file the Notice of BK with the court, you have absolutely nothing to worry about.

                    Comment

                      #11
                      Chase isn't going to care, and they probably already have the notice. The lawyer, for all intents and purposes, acts independently of Chase, so if you are at all concerned, you need to fax the lawyers office, not Chase.

                      Comment

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