Do both of us have to keep attending?

Is there some form or motion or whatever I can file to have only me continue to attend any BK hearings, not my husband. He works nights and about fell asleep for the 341, LOL...and now this reaffirmation hearing is mid day next week, mid SLEEP for him. He cannot take the night before off cause he has to save sick days for when I have my upcoming surgery........
And with this upcoming objection, I am HOPING it can be done on paper, but if not and we have to go in....ug, I am wondering if we both have to be there all the time? I know his work has to let him go to appear in court, that is not the issue - we don't want them to know what is going on obviously.

I bet this is a dumb question. LOL

For the reaffirmation, you both need to be there because you are both reaffirming. The Judge may have questions for your spouse.

As for the objection... check to see if your local District uses "negative noticing". Call the Clerk of the Court and ask for your Case Manager. Ask them a "procedural" question. Ask if negative noticing is allowed and, if so, where the negative noticing chart is located. If negative noticing is allowed, you can put a "preamble" on the Objection which basically states that unless the creditor responds within so many days (the number of days is set by the negative noticing chart and local rule), the matter would be considered unopposed. That keeps you out of court.

If your District doesn't support negative noticing, you'll probably have to call the Clerk's office and ask for the next calendar date (based on local rule) for an Objection to Claim. You'll then file the paper (objection) and also, depending on local rule, that paper may need to have the hearing date on it... that's why you ask for the hearing date first.

I don't think your husband would need to appear at that hearing, if there is one.

Check the local rules on Rule 3007 Objections to Claims. If you are in SD California, then they have fixed forms for everything. The Objection to Claim is on form CSD2015

They do not support negative noticing.

Ok, so for my objection I have to calendar this hearing and include that in my response? Or the UST does it when they file their motion?

They have a computerized self calendaring system, which has types of hearings which can be self calendared, it seems if I read it correctly mine can be self calendared?

SELF-CALENDARING INSTRUCTIONS
The self-calendaring system is designed to allow both counsel and parties to schedule
hearing dates for matters heard on regular notice, without having to contact the Calendar Clerk to
obtain a hearing date. Matters that do not require hearings may be filed in accordance with Local
Bankruptcy Rule 9013-1(g)(1).
I. Matters requiring more than 15 minutes may not be self calendared. Parties may select
their own hearing dates if the matter to be heard is 15 minutes or less and falls within the
one of the following categories:
A. Motions for Relief From Stay
B. Motions to Extend the Automatic Stay under 11 U.S.C. § 362(c)(3)(B)
C. Motions to Impose the Automatic Stay under 11 U.S.C. § 362(c)(4)(B)
D. Motions to Confirm that No Automatic Stay is in Effect under
11 U.S.C. § 362(c)(4)(A)(ii)
E. Motions to Confirm that the Automatic Stay has been Terminated under
11 U.S.C. § 362 (j)
F. Trustee’s Motions under 11 U.S.C. § 362(h)(2)
G. Motions to Convert or Dismiss under 11 U.S.C. § 1112
H. Disclosure Statements
I. Objections to Claims (20 or less)
J. Fee Applications in Chapter 7 and Chapter 11 Cases
K. Employment Applications
L. Any motion in a Chapter 7, 11 or 13 Case or an Adversary Proceeding
not identified in section II below as being ineligible for self-calendaring
1 Motions calendared on shortened time in accordance with this procedure must be
filed with the Court and served on all parties entitled to receive notice of the motion by
such means as to ensure that the moving papers and notice of hearing are actually received
not later than 5 court days prior to the date of the hearing. In addition, telephonic notice
of the date, time and place of the hearing on the motion must be given to all parties entitled
to receive notice of the motion not later than 5 court days prior to the hearing on the
motion. Any motion filed pursuant to this Local Local Rule shall indicate in paragraph 3b.
that a response is due at the hearing.
2 For more information concerning procedures for obtaining hearings on matters on this
list marked with an asterisk (*), contact Judge law clerk, J, at . For more information concerning procedures for obtaining hearings on any matter on
this list not marked with an asterisk, contact Courtroom Deputy, , at (213) 894-3688 for Los Angeles cases or Judge Bluebond’s Courtroom Deputy, , at (951) 774-1085 for Riverside cases.
Common/BB/Policies/selfcalendaringNotice.August2008
August 2008
M. Certain Motions for Relief from Stay Heard on Shortened Time1
(If a motion for relief from stay does not fall within one of the following
enumerated categories and the movant wishes to have it heard on shortened time,
the movant must apply for an order shortening time or proceed utilizing the
procedures that govern emergency motions and may not self-calendar the motion.)
1. Residential unlawful detainer actions
2. Post-petition transfers of real property to the debtor
3. Pre-petition transfers to the debtor
a. Either within 90 days of the debtor’s petition date, or
b. Involving a fractionalized interest in real property.
II. The following matters may not be self calendared.2
A. Applications for Orders Shortening Time*
B. Matters Heard on Shortened Notice or on an ex parte basis*
C. Emergency Motions (including motions arising under any general order that may
be approved for application in chapter 11 cases)*
D. Initial Status Conferences in Adversary Proceedings
E. Clusters of Related Matters that would ordinarily be set for different hearing
times
F. Mass Objections to Claims (more than 20 objections set for a single hearing)
G. Motions for Authority to Use/Restrict Use of Cash Collateral
H. Motions for Reconsideration
I. Motions for Summary Judgment
J. Pre-trial Conferences
K. Reaffirmation Agreements
Common/BB/Policies/selfcalendaringNotice.August2008
August 2008
L. Lessor’s Objection(s) under 11 U.S.C. § 362(l)(3) to any Certification Filed by
the Debtor under 11 U.S.C. §§ 362(l)(1) and/or 362(l)(2)
M. Debtor’s Objection to Lessor’s Certification under 11 U.S.C. § 362(m)(2)(B)
For matters that may be self-calendared, follow the steps outlined below:
STEP 1: Identify available dates and times for the type of matter that you want to
calendar by referring to the monthly calendars posted in the Judge’s
courtroom or on the Court’s website (www.cacb.uscourts.gov) or by
calling the Court’s general information numberand
selecting the menu options necessary to direct you to calendaring
information for .
! PLEASE NOTE: Calendar dates are subject to periodic revision, so please verify
that you are referring to a current version of the Judge’s monthly calendar.
STEP 2: Prepare a notice of hearing for the date and time that you have selected. If
your motion is for relief from stay, you must provide notice in the same
form as outlined by Local Bankruptcy Rule 9013-1(1)(e) (Local Forms
series 350).
! PLEASE NOTE: By choosing a date for a relief from stay hearing that is greater than 30
days from the date you file your motion, you are deemed to have waived the time limits
of 11 U.S.C. § 362(e).
! PLEASE NOTE: By choosing a date for a hearing on a motion to dismiss or convert
under 11 U.S.C. § 1112 that is greater than 30 days from the date you file your motion,
you are deemed to have waived the time limits of 11 U.S.C. § 1112(b)(3).
STEP 3: Give sufficient notice of all matters to all parties entitled to receive such
notice pursuant to applicable provisions of the Local Bankruptcy Rules
and Federal Rules of Bankruptcy Procedure. Schedule hearing dates
accordingly. Moving parties may refer to Local Bankruptcy Rule 9013-
1(a)(6) regarding service of the notice of the hearing and Local
Bankruptcy Rule 9013-1(a)(13) regarding evidence supporting the motion.
STEP 4: File and serve your moving papers in a timely manner! Refer to the Local
Bankruptcy Rules and Federal Rules of Bankruptcy Procedure for
applicable filing and service deadlines. If proof of service is insufficient,
the moving party’s motion may be continued or denied. Be sure to deliver
a courtesy copy of all papers to the Judge’s chambers with the time and
date of the scheduled hearing placed underneath the title of the pleading.
STEP 5: If the date you have selected is unavailable because you have given
insufficient notice, the date and time are already fully booked or for any
other reason, the Calendar Clerk will contact you to arrange an alternative
date. The Court reserves the right to reschedule any hearing. You will
be notified promptly if your hearing has been re-set.
STEP 6: Bring your proposed order to the hearing, together with whatever notices
of entry, copies and envelopes may be required, so that the Judge can sign
the order at the hearing if your motion is granted. Do not lodge the
proposed order prior to the hearing. (You may, however, serve the
proposed order on other parties, if you wish to afford them an opportunity
to review the form of the order before the hearing.)

Wow... that was alot. :) Can you just ask the Clerk?

I called and all I have to say is: What clerk? No one answers any phone there? And the one person I got knew nothing of any "case manager" being assigned to any debtors, and told me to ask my atty, but I did get an answer about negative noticing after she asked me what it was, put me on hold, came back etc. When I was there filing the girl kept answering the phone stating they do not give legal advice, they do not give legal advice.

I need help here.

Originally I thought I was just filing an objection/response to the USTs motion to dismiss or convert (that he has not filed yet, but I am working on). I have the format and my information to do this. What else am I filing to complete this objection? In my other thread justbroke, you mention an Objection to Claim, and that has to be different/in addition to/the same as the above objection or no?
I am reading the Rule 3007 about Objections to Claims and I have to "prepare an order" in case my objection is granted, and file all sorts of other items??

I called and all I have to say is: What clerk? No one answers any phone there?Well, you call the Intake, and there should be case managers, in the clerk's office. If you are in the Southern District California, they are called Case Administrators. They are divided into cases ending in 00-49 and 50-99, between two Case Administration Teams, which have a manager for each. There are 13 individual Case Administrators that I can tell.

And the one person I got knew nothing of any "case manager" being assigned to any debtors, and told me to ask my atty, They are assigned to cases, not debtor's themselves. They said to ask your attorney, because that's all they (the Intake center) is used to dealing with, unfortunately.

I need help here.Here it comes!

Originally I thought I was just filing an objection/response to the USTs motion to dismiss or convert (that he has not filed yet, but I am working on). I have the format and my information to do this. What else am I filing to complete this objection? In my other thread justbroke, you mention an Objection to Claim, and that has to be different/in addition to/the same as the above objection or no?
I am reading the Rule 3007 about Objections to Claims and I have to "prepare an order" in case my objection is granted, and file all sorts of other items??Okay, two things. I think the objection to claim was for someone else who jumped into the thread, so ignore that.

Since I'm in so many threads now... are you objecting to a claim? Otherwise, ignore the objection to claim.

Oh thank god you said that!!! No, the objection to claim does not apply to me and I can come back from the Twlight Zone!!

SO - my objection to the UST's motion to dismiss or convert to an 11, aside from filing THAT response with the court, am I calendaring anything myself?

SO - my objection to the UST's motion to dismiss or convert to an 11, aside from filing THAT response with the court, am I calendaring anything myself?No! Since the UST is the moving party (aka the movant) they are the one that is required to calendar the hearing. You just have to file your Objection or Opposition to the Motion to Dismiss, once they file it.

Check out the Court's website. You can find the phone numbers DIRECTLY to your Case Administrator. Always be cordial... always say you have a "procedural question", and always be way nice. You get back from them, what you give to them. It's nice to be able to call directly, as I call mine directly, because those people in Intake, are just not friendly.

This is my response to the letter from the UST asking for info on my SLs. Which is pretty much identical to the one they sent me before my 341....so they actually have all of these answers already.

In response to your request for information regarding my six student loans listed on Schedule F of my bankruptcy filing:

• No, sadly none of the loans are duplicated.
• I intend to repay, although struggle doing so, these debts as set forth in the terms of the loan agreements, over the next 30-50 years, with income received from my and my husband’s employment.
• With the exception of the loan # ending in 5160, the loans were taken out by me, XXXXX. Loan #XXX was taken out by my husband XXXX for both our educational needs and pertinent living expenses.
• Tuition was approximately $20-30,000 per year over the last 12 years, and anything over that point was used to cover books, required items for my schooling, and other pertinent living expenses.
• We have been making partial, full and interest only payments over the course of the 12 years – on and off depending on what deferments or forbearance we were able to obtain.
• As per the information I have previously provided to your office regarding these loans, all of the loans are in a “suspended status” due to the bankruptcy filing, and once that process is complete they will all resume with regular payments due since I am no longer eligible for any in school deferments or forbearance of any kind. One exception is the US Department of Education loans. They will allow an in school deferment, but at this point I would only be attending school to keep those loans in that deferment status, all the while paying out tuition to do so. I feel that is counterproductive, and will put the money towards paying off the loans. I have gone around and around with them all for quite a while and none of the companies are allowing me online or phone access to my records and all that I have is what was submitted to you on June 12, 2009. I indicated the payments to the best of my ability, being at a loss with the loan company’s unwillingness to discuss this with me. I can only ask that you refer to those documents which hold the information that you are requesting.

Thank you justbroke, you put me at ease. I was looking at that objection to claim thining WTF did I get myself into!!?? LOL Thanks a heap. :)