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A/P Case Still Open After Discharge A Case of Legal Abuse or The Devil?

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    A/P Case Still Open After Discharge A Case of Legal Abuse or The Devil?

    In 2003 we bought a tax deed property in Fulton county Georgia. Fourteen months later we went to court and foreclosed on the tax deed of the “so-called” owner. In court we demanded payment from the “so-called owner. “ They refused to pay. The court allowed us to evict them and we removed and disposed of all personal possessions left on the property about 30 days later.
    About ten days after the eviction we get a letter from an attorney stating they wanted to redeem the tax deed and wanted the return of all possessions.
    We allowed them to redeem the tax deed but told them the personal items had been disposed of as they were deemed abandoned according to law and we were not responsible for them.
    (I discovered the attorneys for the plaintiff are in the business of buying tax deeds).
    They took us to court in another county and were able to get a judgment for nearly two-hundred thousand dollars. After a series of appeals we were left with a judgment for the items removed.
    We filed Ch.7 in June 2010. No one showed up at the 341 meeting.
    After 60-90 days the very last day for filing any objection the attorney for the plaintiff filed and A/P.
    We hired an attorney and responded to the complaint but did not file a counter complaint.
    Last month (February) we received a discharge notice from the court.
    Now my attorney is telling me the A/P is still open after five months and it is up to judge to decide what to do with the A/P case if no responses are filed. What should I expect to happen now?

    #2
    If there has been no movement in the AP the Court will most likely, at some point, issue an Order that the AP will be dismissed by a particular date unless someone sets a status hearing. At least that is what the Court does in my jurisdiction - usually after 6 months of delay.

    Des.

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