Need Help !! Adversary Proceeding Pre-Trial Next Week !

[panda]

jblu, would you mind sharing who filed the AP?

[jblu83]

Apparently no one picked up on this. While the creditor has 60 days from the 341 (and all are correct, you do not count the day of the 341), the Complaint was timely. 60 days from August 18th was October 17th but. . . October 17, 2010 was a Sunday. By law, if the last day falls on a weekend or legal holiday, the actual due date is the next business day, which, in this case was the 18th. Complaint is timely. Now OP needs to decide how to defend it.

Des.

Thank You... Your right.. Talk about last minute filing of this complaint...

[HHM]

Thanks for checking Desp....

[free2breathe]

OP's attorney filed an answer, and Des has just given the answer to whether or not the attorney should bring up the 61 days at the pre-trial hearing since the 60th day fell on Sunday. Here's hoping that everything turns out ok for you, jblu!

[despritfreya]

Apparently no one picked up on this. While the creditor has 60 days from the 341 (and all are correct, you do not count the day of the 341), the Complaint was timely. 60 days from August 18th was October 17th but. . . October 17, 2010 was a Sunday. By law, if the last day falls on a weekend or legal holiday, the actual due date is the next business day, which, in this case was the 18th. Complaint is timely. Now OP needs to decide how to defend it.

Des.

[AngelinaCat]

THANK YOU ALL.... The trustee did NOT take anything from my wife and I... So I presume that we are a NO-Asset case !

I really do hope and pray that all works out well for you and your wife. I hope that I have not added too much to your stress. You sound like both my 'Hub and I were--being very naive about all this. Our attorney did very little to educate us, and an AP filed against us is what caused us to find this forum and become educated.

Please try to get some rest tonight. Please let us know what happens after you talk to your attorney.

My best....

[AngelinaCat]

How do you know if it was an asset or no asset case ??? My attorney filed an answer to this complaint already and there is a pre-trial hearing this coming up week... My attorney did not realize it was 61 days... But I will bring this up to him in the morning and see what he suggests ... My attorney did charge me to file the answer. ...

Your attorney should have been able to tell you that fairly early in your case preparation. As inept as our attorney was, at least she let us know that we had more possessions than the exemptions would cover. We are in Florida, too. So we were not surprised when we were ruled an Asset case. What DID surprise us, was that the time for our creditors to object to discharge was extended another thirty days.

[free2breathe]

THANK YOU ALL.... The trustee did NOT take anything from my wife and I... So I presume that we are a NO-Asset case !

You are probably right, and you should be able to see that for certain as soon as your log-in is active on Pacer. Good luck with the rest, and like HHM said, "stop stressing"....you can't add a moment to your life with worry. Trust that everything will work out for the best.

[jblu83]

THANK YOU ALL.... The trustee did NOT take anything from my wife and I... So I presume that we are a NO-Asset case !

[free2breathe]

You can find your case on Pacer to find the asset or no-asset designation. However, it's fairly easy to figure out. Did the trustee take anything from you...bank account balance, future tax refund to distribute to creditors? If so, it's an asset case. If you exempted everything that could be exempted, and the trustee didn't ask for anything from you, it's no-asset

[jblu83]

How do you know if it was an asset or no asset case ??? My attorney filed an answer to this complaint already and there is a pre-trial hearing this coming up week... My attorney did not realize it was 61 days... But I will bring this up to him in the morning and see what he suggests ... My attorney did charge me to file the answer. ...

[HHM]

First, stop stressing. You have an attorney (hopefully you didn't use some cheap, bargain basement attorney), they will be able to guide you. There is NOTHING you can do about it tonight, so stop worrying. It will take several weeks/months to sort it out. Even if the complaint was filed late, you will need to file a motion to strike the complaint, a hearing will be set many weeks down the road etc. I know it is tough, but you need to relax. Realistically, this thing won't be addressed until next week at the soonest. Nothing bad is going to happen in the interim. The creditor filed an objection, you have 2 weeks to file a response or file a Motion to Strike.

[AngelinaCat]

You should have a copy of the paperwork that notified you of where and when your 341 was held. That paperwork has all of the legelese paragraph numbers and reference numbers to all the deadlines and such. Granted, it is in tiny mice type that you need magnifiers to read it with.

Please tell me that you have copies of all of the paperwork involving your case. If you don't, you need to make copies of everything that is in your case file on PACER. It costs eight cents per page, and mounts of very quickly. Otherwise, you need to camp on your attorney's doorsteip first thing in the morning.

Be aware, that should this AP claim be legitimate, and they squeaked in under the wire, time-wise, the attorney will consider that to be a seperate action, and will have you sign a seperate agreement to defend against it.

Good luck.

[jblu83]

Rule 4007 Sub (D)... Seems pretty cut and dry to me... The creditor MISSED the deadline.. My attorney never saw this and we needed to answer anyways... Should this be brought up at the pre -trial conference ?? I hear these are usually only a couple minutes in length, but can the judge dismiss it on this ground ?

[jblu83]

I was able to get a log in and password with pacer, but it says I have to wait up to an hour before it will allow me to log in ....... I will check soon here..