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AP Pre-Trial conference coming Monday, what happens there??? Please help

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  • AP Pre-Trial conference coming Monday, what happens there??? Please help

    I have a ch 7 bk, and received a discharge last week. Still open due to this adversary proceeding. I am pro se, and have responded to the initial complaint.

    The pre-trial conference is scheduled for Monday.

    What happens at these conferences?
    What do I need to know going in?
    Are there any lawyer tricks to be made aware of?

    Or... is it just procedural and another event will be scheduled following this.

    Any help would be greatly appreciated. I need to know how to prepare.

  • #2
    Originally posted by BMGinFlorida View Post
    What happens at these conferences?
    What do I need to know going in?
    Are there any lawyer tricks to be made aware of?

    Or... is it just procedural and another event will be scheduled following this.
    Pre-trial conferences generally set deadlines for discovery, to set a trial date, and sometimes, to discuss possibilities of settlement and / or Alternative Dispute Resolution / Mediation.

    These meetings typically occur in the Judge's chambers with your opponent and are usually short; this is not a trial or a motion hearing.

    Disclaimer: I am not an attorney and cannot give legal advice; these are merely my opinions about my own experience in an adversary proceeding.
    Last edited by TurnThePage; 03-07-2010, 03:27 AM.

    Comment


    • #3
      Who filed an Adversarial Proceeding / Complaint (AP)? Was it you or was it one of your creditors? While the pre-conference meeting is part of the process to discuss schedule, and maybe settle the thing, you are pro se, and if you're not prepared for the AP, then you may want to look at your alternatives.

      Those alternatives include settling, if you feel that you will not win the AP. Of course, if you choose to proceed, you'll need to present evidence, create a witness list, subpoena records or ask for discovery, arrange depositions or be deposed yourself, and all other things related to litigation in a trial environment. An AP is no joke, if you don't already know that. They have all the trimmings of any civil trial and the Federal Rules of Civil Procedure and Federal Rules of Evidence are important things to learn. Most Pro Se debtors get caught up in the procedural parts and your opposition will pounce and file for a summary judgment once they think they have you cornered.

      What are you fighting?
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog


      I am not an attorney. Any advice provided is not legal advice.

      Comment


      • #4
        It would be helpful to know the underlying situation for the AP.

        The attorney on the other side will take care of most of the procedural stuff. However, you need to go to your local bankruptcy court's website and find the Local Rules of Bankruptcy Procedure and begin reading Section VII (the 7000 series), it explains all the rules for an AP. But basically, the pre trial conference is there to discuss the case, the merits of the case on each side, come up with a scheduling order (in bankruptcy, this is a standard form), and make initial disclosures.
        Last edited by HHM; 03-08-2010, 10:26 AM.

        Comment


        • #5
          Thank you for your responses. Very helpful.

          One of my creditors filed the AP. It is a business debt that they received a summary judgement against me personally because I did not/could not fight it. I had no money for an attorney. That is why I am pro se in the bk.

          I do have an appointment with a pro bono attorney on Thursday, so hopefully that will help. I just need to get through this hearing. Sounds like it shouldn't be too bad(?).

          Comment


          • #6
            The opposing attorney will not settle, so not an option. I don't have the money to settle anyway. So, this will be a win or lose event.

            By the way, the hearing notice says that motions will be heard at the hearing, and it is in a courtroom, not chambers.

            Creditor filed motion to not allow discharge (based on judgement and res judicata), and I did answer and file motion to strike, and motion to allow discharge because the judgment was obtained without opposition, therefore res judicata does not apply and the allegations are merely that and there is no substantial proof.

            Comment


            • #7
              Originally posted by BMGinFlorida View Post
              One of my creditors filed the AP. It is a business debt that they received a summary judgement against me ....

              Comment

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