The short story is that I filed Chapter 7 pro se back in June, and received my official "Discharge of Debtor and Final Decree" notice just last week... except for one creditor.
Just prior to receiving the discharge notice, I was served with a "Complaint to Determine Dischargeability of Debt U.S.C. 523". Based on a cash advance fee of $5500.00 90 days prior to filing BK. The money was used strictly for rent, basic living expenses, utilities, and car payments.
Recently seeking free advise from the community Law Center (supported by law students in-training), I was advised to do the following:
1. Call creditor's attorney and ask for an extension.
2. Follow up by sending the request for an extension via mail to the creditor's attorney... and I presume with the court as well??
I will have to wait two weeks before I am notified by the Law Center as to if they will accept my case or not. Until then, presuming their advice is correct, which it sounds to be, and I follow their advice, here are my questions:
1. What exactly should I say to the creditor's attorney? And how long of an extension is customary to ask for? Is calling the attorney a requirement, or can I purely do this through the mail?
2. Is this actually a motion I will be filing? If so, what type of motion? Is there a template available?
3. How should I draft the request (or perhaps motion) for an extension?
4. Who all should I send a copy of the request for an extension to? Should I actually submit the request/motion directly at the court, or is mail sufficient with court as well?
Because of all of this, I have actually, back in June, begun Paralegal Studies, so I am looking at this as a learning experience which I can use to help others in the future.
Thank you for you help!
Just prior to receiving the discharge notice, I was served with a "Complaint to Determine Dischargeability of Debt U.S.C. 523". Based on a cash advance fee of $5500.00 90 days prior to filing BK. The money was used strictly for rent, basic living expenses, utilities, and car payments.
Recently seeking free advise from the community Law Center (supported by law students in-training), I was advised to do the following:
1. Call creditor's attorney and ask for an extension.
2. Follow up by sending the request for an extension via mail to the creditor's attorney... and I presume with the court as well??
I will have to wait two weeks before I am notified by the Law Center as to if they will accept my case or not. Until then, presuming their advice is correct, which it sounds to be, and I follow their advice, here are my questions:
1. What exactly should I say to the creditor's attorney? And how long of an extension is customary to ask for? Is calling the attorney a requirement, or can I purely do this through the mail?
2. Is this actually a motion I will be filing? If so, what type of motion? Is there a template available?
3. How should I draft the request (or perhaps motion) for an extension?
4. Who all should I send a copy of the request for an extension to? Should I actually submit the request/motion directly at the court, or is mail sufficient with court as well?
Because of all of this, I have actually, back in June, begun Paralegal Studies, so I am looking at this as a learning experience which I can use to help others in the future.
Thank you for you help!