top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Under Advisement...Additional Briefing due by parties

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Under Advisement...Additional Briefing due by parties

    Has anyone experienced where their case was under advisement and the judge is requiring additional briefing due by parties? Without going into extreme particulars I wasn't sure if this is a good or bad thing?

    #2
    Originally posted by SharpCat View Post
    Has anyone experienced where their case was under advisement and the judge is requiring additional briefing due by parties? Without going into extreme particulars I wasn't sure if this is a good or bad thing?
    Has there been an issue or issues in your filing that your lawyer and trustee have not been able to resolve?

    It sounds like the local bk court judge may want your lawyer and the trustee to each file a brief with the court explaining their individual legal positions around the issue(s).

    If this is true in your case, the judge will then review the briefs and may hold a hearing for each party to explain their positions. Afterwards the judge will make a ruling to decide the issue(s) in question.

    This very scenario happened to us over two gray issues in Ch 13 law that came up when we filed. The process is surviveable. Just don't expect things to move along very quickly - it may take months to resolve.

    This is just an educated guess on my part. If you don't feel comfortable sharing more, it's hard to know if my guess is reliable in your situation or not.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment

    bottom Ad Widget

    Collapse
    Working...
    X