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Answered Summons, got more time that I expected!!! Woohoo!

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  • Answered Summons, got more time that I expected!!! Woohoo!



    So I answered a summons, well, it's my husband's summons, but I answered it, he signed it. lol. Anyways, We got the summons end of July, filed the answer on the 28th day(last week). Looked it up on the docket, and it says "Case Management Conference......... 10/13/2010!!!!

    Woo freakin hoo! I thought we were going to have court in like September. Expected to need to file by 10/13. I got more time to do these bk papers than I originally thought. Heck yeah!!!

    Question though, what the heck is a "Case Management Conference"?

    We don't plan on showing to whatever it is, fully expect a judgment(don't have a defense.) And I know we have 30 days to pay the judgment, then another 15 days after that before they can request garnishment (which is what we are avoiding.)
    I may be smarter than an attorney, but I'm not one. No legal advice here, people.
    Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

  • #2
    I believe case managment conference is a non trial medation. They will want to talk to you about possible settlements before going to trial. I just had one yesterday. I said I wanted to go to trial to buy more time before I file BK.
    Last edited by Freddy03; 08-31-2010, 03:21 PM.
    "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

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    • #3
      OMG Dumpinmydebt that is awesome. I'm waiting to the last minute to file my answer as well. Hope I get more time too!
      Filed:11/2010
      341 Meeting:1/5/2011
      Discharge:3/2011

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      • #4
        Originally posted by Freddy03 View Post
        I believe case managment conference is a non trial medation. They will want to talk to you about possible settlements before going to trial. I just had one yesterday. I said I wanted to go to trial to buy more time before I file BK.
        That's what I thought. So I can just show up and tell them I want to go to trial? Hmm. I'll probably have my bk paperwork done before then, but at least I know I can buy more time if need be.
        I may be smarter than an attorney, but I'm not one. No legal advice here, people.
        Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

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        • #5
          Originally posted by MeLLE159 View Post
          OMG Dumpinmydebt that is awesome. I'm waiting to the last minute to file my answer as well. Hope I get more time too!
          Hopefully they'll do the same to you (fingers crossed)! I was quite surprised, the court must be backed up or something. At this rate, I'll have until Thanksgiving to file, which is way more time than I need, but a big stress relief! Now I don't have to feel so rushed.
          I may be smarter than an attorney, but I'm not one. No legal advice here, people.
          Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

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          • #6
            you probably have to go to the case management conference otherwise the court will sanction you for not attending.

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            • #7
              Originally posted by msm859 View Post
              you probably have to go to the case management conference otherwise the court will sanction you for not attending.
              I thought they would just issue a default judgment if he didn't show. How can they sanction someone on a civil case?

              It's my husbands case and there is no way he will be allowed off work for for a silly court date from a creditor that will be dismissed in the bankruptcy.

              Guess we better file before then anyway! So much for having more time, lol.
              I may be smarter than an attorney, but I'm not one. No legal advice here, people.
              Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

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              • #8
                Originally posted by dumpinmydebt View Post
                I thought they would just issue a default judgment if he didn't show. How can they sanction someone on a civil case?

                It's my husbands case and there is no way he will be allowed off work for for a silly court date from a creditor that will be dismissed in the bankruptcy.

                Guess we better file before then anyway! So much for having more time, lol.
                The case management conference [CMC], in federal court at least, is where the judge talks to the parties or the lawyers about the general nature of the case; the deadlines for discovery, dispositive motions and such things are set; trial date is set; length of trial and number of witnesses estimated &c. Around here, they're usually done telephonically.

                If you're not going to file before the CMC, then your husband will need to attend. Yes, if he blows that date off and wastes the time of the court and counsel opposite, sanctions would be quite likely. And probably non-dischargeable.

                If you do file just before the CMC, call the judge's administrator and counsel opposite and advise them of the filing so they won't be sitting there expecting your husband to show up. Fax them a copy of your filed stamped petition; Courtesy.

                It's part of the lawyer's creed: You can cut the other guy's throat, but be courteous when you do it.
                Last edited by MSbklawyer; 09-01-2010, 09:35 AM.
                Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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