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?
top Ad Widget
Collapse
Announcement
Collapse
No announcement yet.
Under Advisement...Additional Briefing due by parties
Collapse
X
-
Has there been an issue or issues in your filing that your lawyer and trustee have not been able to resolve?Originally posted by SharpCat View PostHas 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?
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
bottom Ad Widget
Collapse
Comment