Section 2004 Examination and possible objection to discharge

[ColoradoBell]

I think businesses and divorces end up causing the most litigation dont you?
Maybe we need a whole category for this stuff.

[AbbeyA]

Oops, I had a moment of confusion .. you filed already. Where are you in the process now? When is the 2004 exam? You should start your own thread about your experience so it's all together in one place. It seems that the really hairy bk cases stem from business failures, there is another poster on here that is also going through a bad situation following a business failure.

[AbbeyA]

AbbeyA, See posts #6 and #8 on "The Middle Class in America is Radically Shrinking.."

After we go through the 2004 exam, which will be primarily harassment by a lawyer from the legal firm that also represents the bank that screwed us over but representing the new owner, we hope to finally be allowed to die in peace. The harassment continues via the mechanics' lien suits by our friends, the subcontractors, who have also been taken in the con game, but we no longer have anything to even respond. The lawyers can just swarm like vultures over dead meat, getting their summary judgments from the court, while the real money is appears to have been stashed in Mexico and other countries - the majority partner having been "forgiven" his personal guarantees by the bank foreclosure attorney as she fell for the con game to blame the contractor. The silly thing is that this isn't even a new con game. Apparently it was only marginally successful in Florida in the 80s. Guess they had smarter attorneys and bankers then.

Yikes, I don't even know what to say.
It's like your ordeal is similar to ours - but on a much, much grander scale. I am pretty certain that my dh and I have shared similar feelings that you are experiencing now. From despair to outright depression, confusion, disbelief, all of it. Keep us posted on what happens in your case, did you file your bk yet?

[jjim120]

AbbeyA, See posts #6 and #8 on "The Middle Class in America is Radically Shrinking.."

After we go through the 2004 exam, which will be primarily harassment by a lawyer from the legal firm that also represents the bank that screwed us over but representing the new owner, we hope to finally be allowed to die in peace. The harassment continues via the mechanics' lien suits by our friends, the subcontractors, who have also been taken in the con game, but we no longer have anything to even respond. The lawyers can just swarm like vultures over dead meat, getting their summary judgments from the court, while the real money is appears to have been stashed in Mexico and other countries - the majority partner having been "forgiven" his personal guarantees by the bank foreclosure attorney as she fell for the con game to blame the contractor. The silly thing is that this isn't even a new con game. Apparently it was only marginally successful in Florida in the 80s. Guess they had smarter attorneys and bankers then.

[AbbeyA]

AbbeyA, just joined this forum and read your ordeal. Glad you are finally able to get on with your life. I am going to try to post a bit of my own ordeal that is going on now, and when all the crap we are going through is over, I am going to write a book about the corruption in our banking and legal system that destroys so many small businesses and jobs that are innocent of any wrongdoing.

Hi jjim, sorry you are going through an ordeal, I hope it all turns out OK in the end. Did you post your story anywhere yet?

We are now approaching the final end of the ordeal, we have a sheriff sale date of October 12th for the house. We found a home to rent in our town which we'll move into on Nov. 1st. We are very excited to get out of here. It's like our house is telling us to GET OUT!!! Our basement flooded in early June -- had to rip everything out including drywall so we didn't get mold down there (we have 4 young children). The total damage estimate was over $10k and our insurance would only cover a total of $5k. At least we are able to replace the furniture we lost with what the insurance paid and dh was able to rip everything out himself instead of hiring someone to do it. Then last week our well pump started leaking - had to repair that at the cost of $850 Now one of the faucets in the main floor bathroom is leaking and we can't get it to stop. It's time to go ... we would leave now but we don't want to start paying rent until we absolutely have to. We are grateful that we've been in here for over a year without paying anything. We have saved a nice chunk of money and are ready to move on.

[jjim120]

AbbeyA, just joined this forum and read your ordeal. Glad you are finally able to get on with your life. I am going to try to post a bit of my own ordeal that is going on now, and when all the crap we are going through is over, I am going to write a book about the corruption in our banking and legal system that destroys so many small businesses and jobs that are innocent of any wrongdoing.

[hankmartin]

In Denial - abuse of process?

Help - I'm new and may posted this to the wrong thread - your giudance would be appreciated...

I took a pre-filing class for chapter 7 ten months ago but DID NOT file within the 180 days. (I was in denial about my situation - I thought I would win the lotto or get a better job:- (Then and up to now I have not hired an attorney. Two questions:

1) Does the US Bankruptcy court have a record that I attended this class?
2) If I had a free session with a bankruptcy attorney but did not engage them in the past ten months - does the court know that?

thks
Hank

[ColoradoBell]

Well HOORAH!

Im not a 7 but a 13. My attorney just advised me that my ex husband wants a 2004.
Because I'll be filing for a modification of maintenance next month, I imagine he will use the 2004 to see what he can learn about my finances and expenses. Of course, for mod of maintenance I have to turn over everything to them anyway, so why are they bothering? I don't have anything to hide but it ticks me off re adding attorney fees (even though my attorney fees are pretty high up front and through the plan both...so I think 'included').

I like my attorney but she is not a litigating attorney. She's agreed to the 2004 without them filing a motion...just as a courtesy.

[justbroke]

AbbeyA, CONGRATULATIONS!!!!!!

[AbbeyA]

Just checked again -- Debtors Discharged !!!!!!!!!

We filed October 1st 2009, discharged July 1st 2010


Thank you everyone for your support and time, both my dh and I truly appreciate all we have learned and gained from this wonderful site! What a long haul this has been, it's time to look forward to our future and forget about the difficult challenges we have faced the last year and a half. Thank you all again for your kind words.

[AbbeyA]

Well ............ nothing shows up on pacer, cautiously holding my breath! Still no word from our attorney, kind of annoyed he hasn't sent an email or called to let us know we are in the clear (I emailed him yesterday asking him to let us know either way). Since he has not called, I am assuming that there was nothing filed. Getting excited!!!

[MSbklawyer]

It is now 6:17pm -- nothing on PACER, no word from our attorney. Do I dare start to celebrate? OMG........

Wait until 1 minute after midnight. With electronic filing, the clerk's office needn't be physically open to accomplish a filing.

[AbbeyA]

It is now 6:17pm -- nothing on PACER, no word from our attorney. Do I dare start to celebrate? OMG........

[AbbeyA]

Nothing yet on PACER -- please let 5:00 come and pass without anything!!!

[AbbeyA]

So the 30th is quickly approaching -- still nothing on pacer or from our attorney. Starting to get very preoccupied by all of this again, I hate this feeling. From what I have read here, most debtors' attorneys are contacted by the creditors' attorneys when an objection will be filed - did I interpret this correctly? If so, I hope that means we will get through Wednesday without any filings ...