Creditor showing up at hearing on motion to extend 60 day objection period

[blankslate]

There was a motion from the UST to extend time for the 60 days to reflect 60 days from my ammended 341 date. I didn't object as that seemed fair to me.

No one showed at my 341 (creditors) The hearing for the time extension was on 4/9 so I checked PACER and as I figured it was granted. I saw on the minute order that the UST attorney appeared as did the person who sued me in small claims. I thought that was an odd thing for her to show up for that but she is frequently out of the country so she probably showed up to the only thing she was in town for.

This creditor was once a good friend, someone who I thought was like a Mother to me. Turns out she is just like my mother, as I haven't spoken to my own in years because she a mean drunk who likes to hurt people. She sued me in small claims after a series of bad events in my life. I was too tired to fight anymore, knew I was on the verge of bankruptcy and couldn't take anymore time off from work to appear so she won by default. It wasn't about a loan or any money that was owed to her it was an emotional distress lawsuit. When she had the Sheriff order a wage garnishment of 25% that was when I filed for bankruptcy.

Does she have grounds to object and throw a wrench into my already off kilter bankruptcy? I have no assets at all. Nada. My car according to KBB is worth $100. No savings, no 401k, no electronics that are less than 5 years old. I never owed her actual money, didn't commit a criminal act or fraud, she sued on this emotional distress and got a default judgment. I'm sure she played the weak and confused old lady routine on the UST attorney and asked her a multitude of questions about my case.

Do you have to have a legit legal reason to object or can anyone object and be heard without a legitimate reason (ie, fraud, hidden assets)?

I thought I was pretty safe from her now since I never received goods, money or services from this debt but now I'm not so sure.

[debtmonster]

My car according to KBB is worth $100.

The lowest I've ever seen KBB say was $300 on an '89 Hyundai Excel that I had. What car do you own that KBB says it's only worth $100? How many miles? Was the car in a bad accident?

[blankslate]

KBB values have gone waaaay down since I did the evaluation in December. It's a 97 kia sephia, 140,000 miles in fair condition (one door doesn't open since a thief broke the rod that connects to the lock, got hit in a parking lot, has a cracked axle and needs new shocks) Go ahead and check it out.

[debtmonster]

Wow! Like $200. Almost as bad as the '89 Excel. I checked the Excel and it said $150.

Man, what CHEAP cars. Does the engine run good? What if you were to fix the lock, axle and shocks? That would be a LOT cheaper than having to buy a whole new car. It would be worth it as long as the engine and transmission run good.

[blankslate]

First of all, this has nothing to do with my posting question so I hope someone can answer that.

To fix the lock would mean cutting the panel off because it is stuck in the locked position and broken. I've had quite a few mechanics and body shop guys look at it and try. Two seatbelts out of the 4 work. I had the drive shaft rebuilt a couple of years ago and that was $1400. A lot of the parts needed simply aren't manufactured anymore. Kia did a overhaul after this year and the dealerships won't even touch it for parts and repairs. The alternator belt snapped a few weeks ago and the mechanic searched and called all over to find a specific bolt for the alternator. No such luck. He constructed one himself from what he had in his shop.

The only reason I put the value of my car in this post was to make the point of having literally no assets. BTW if you run KBB from a Los Angeles zip code that's where you get the $100 value.

I am thinking of making a deal with this mechanic if I do get another vehicle in a few months. I have a plan to get one without financing. I'll sell him the kia for $1 in exchange for him looking over the one I buy and doing the labor to make sure it's all up to snuff. He's a good honest guy who actually picked me up to bring me to the shop when the car was ready and warned me to be very careful as this car is getting "brittle". It was cheap to begin with and has served me well.

[DaisysMom]

I didn't know someone could sue in small claims for emotional distress. I thought it was just for payment of debts. Ya learn something everyday.

D.....

[2Bshinyandnew]

. She sued me in small claims after a series of bad events in my life. I was too tired to fight anymore, knew I was on the verge of bankruptcy and couldn't take anymore time off from work to appear so she won by default. It wasn't about a loan or any money that was owed to her it was an emotional distress lawsuit. When she had the Sheriff order a wage garnishment of 25% that was when I filed for bankruptcy.

Does she have grounds to object and throw a wrench into my already off kilter bankruptcy?

Emotional Distress is a civil tort. Many tort liability judgments are dischargable but, some are not.

11 U.S.C. 523(a)(9) states, for example, a personal injury defendant cannot discharge a debt which arose from injuries he or she caused when operating a motor vehicle while intoxicated.

So, the question of whether you can discharge this debt depends on the details of the civil tort this judgment was based on. Criminal liability and restitution are not dischargable. I would, of course, check with a lawyer.

[debtmonster]

I didn't know someone could sue in small claims for emotional distress. I thought it was just for payment of debts. Ya learn something everyday.

D.....

I didn't know either. I have a friend who has been causing me emotional distress. I think I should sue him.

Thanks for your post on the Kia. This is going to remind me to stay away from these cars no matter how good of a deal they are. I remember almost buying one in 2000. Thank God I didn't.

I had no idea you put that much money into it. Very sorry to hear that.

[blankslate]

You can sue a person for any reason at all. Whether or not you'll win is a different story. Emotional distress cases are usually only awarded if there has been an accident or serious injury to the person. I would've won that small claims case if I had appeared in court.

I don't want to get into too many personal details, but again no money exchanged hands between her and I, there was no criminal activity and no fraud. This was a person who was upset, angry and felt betrayed. She had a right to be upset but her anger was directed at the wrong person. The people who did cause the events that led to her situation already have a class action lawsuit against them and she is involved in it.

This is a dischargable debt as far as I can tell. I guess I should rephrase my question. What would the process be for a creditor to object? Do they have to have a valid reason first for the objection before they can file such as fraud, criminal activity or hidden assets? She does not have those as they never occurred. She also does not have an attorney, how much would it cost for her to file an objection?

[blankslate]

I didn't know either. I have a friend who has been causing me emotional distress. I think I should sue him.

Thanks for your post on the Kia. This is going to remind me to stay away from these cars no matter how good of a deal they are. I remember almost buying one in 2000. Thank God I didn't.

I had no idea you put that much money into it. Very sorry to hear that.

I paid only $2000 cash for it including tax and license. Over the years I've put about $6000 into repairs and maint. Really, that's not so bad. If I'd financed the car and had been making big payments and had to the repairs that would be another story. It's not a BMW and I knew that when I bought it. I just needed a reliable car to get me around and for the most part it has been that. Safe... not so much.

[debtmonster]

I paid only $2000 cash for it including tax and license. Over the years I've put about $6000 into repairs and maint. Really, that's not so bad. If I'd financed the car and had been making big payments and had to the repairs that would be another story. It's not a BMW and I knew that when I bought it. I just needed a reliable car to get me around and for the most part it has been that. Safe... not so much.

If it were a BMW, $6,000 could be spent on the transmission repair alone.

I can normally just afford a payment and never have any money saved up for a major repair.