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Anyone have a link to Response form for Adversary Proceeding?

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    Anyone have a link to Response form for Adversary Proceeding?

    My Attorney has not responded and I have to file a response by this FRIDAY or be in default! I want to submit some documents to be considered by the Judge. Is there a form I need to use to submit a response and evidence? Thank you.

    #2
    Originally posted by newwife View Post
    My Attorney has not responded and I have to file a response by this FRIDAY or be in default! I want to submit some documents to be considered by the Judge. Is there a form I need to use to submit a response and evidence? Thank you.
    Newwife, we need more information before we can even begin to respond to your question. What is the issue? Have you been served with papers for an AP? Help us out here. Thanks!
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      While you may find some sample responses, this is not something that can be done with a simple form. You need to know what defenses to assert for your particular issue.

      From your other post, it sounds like your attorney is not representing you in the AP. Are you sure you are ready to represent yourself? Have you consulted with any BK attorneys that represent debtors in APs? If your attorney doesn't do APs she may be able to refer you to someone who does. You might ask her if she is willing to contact the creditor's attorney and request an extension of time to answer while you find an attorney. Or, you could call the creditor's attorney.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        LadyinRed; Thank you for the suggestion on the extension. I am still trying to reach my Attorney. I sent an email to another Attorney in the practice today to see what they are able to do to assist me. NO I am not ready to represent myself. I did that in the very beginning because I couldn't afford one and think that I ended up with an interest rate on the restitution that I will never be able to repay now. So I surely do not want to go in unrepresented.

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          #5
          Originally posted by newwife View Post
          LadyinRed; Thank you for the suggestion on the extension. I am still trying to reach my Attorney. I sent an email to another Attorney in the practice today to see what they are able to do to assist me. NO I am not ready to represent myself. I did that in the very beginning because I couldn't afford one and think that I ended up with an interest rate on the restitution that I will never be able to repay now. So I surely do not want to go in unrepresented.
          Again, I will say that we need answers to the questions I posed above. You have provided none. Until you do so, no one can help you. We really want to try to do so. Thanks!
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment


            #6
            I found instruction and a blank lined form to answer a AP summons. However, I do have a question about dates. We file BK on March 7th. Our 314 Hearing was on April 14, 2014. My Form 9A states that under Deadlines: must be filed with the bankruptcy clerk's office by June 13, 2014. The summons that I received for the AP from the Bankruptcy Court is stamp dated: Filed 06/16/14 Ent 06/16/04 10:09:51. Which would also extend my 30 days to reply until next week. But wouldn't it seem they miss the deadline to file an objection? We did receive a Discharge date June 26, 2014 which was after this filing as well.

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              #7
              Objections must be filed by June 13, 2014.. Sorry I wasn't clear.

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                #8
                BTW My attorney said this is out of the scope of my Discharged BK and will not help me with the AP without another $1750 retainer, which we do not have.

                Comment


                  #9
                  Originally posted by newwife View Post
                  BTW My attorney said this is out of the scope of my Discharged BK and will not help me with the AP without another $1750 retainer, which we do not have.
                  That is typical. Now what is the true objection date? June 13 is almost a month ago....

                  You actually can do it yourself, but it is a struggle.
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

                  Comment


                    #10
                    Yes, the true objections date printed on our Form 9A is June 13, 2014. We literally have no money for groceries right now, much less an Attorney. I have to do this myself or risk the Judge giving a judgment by default. It seems I have until the 16th to file an Answer to the BK Court for this AP.

                    Comment


                      #11
                      If the summons was issued on 6/16 and it was mailed to you within 14 days of 6/16, then the deadline to respond is 30 days after 6/16. See Rule 7004 and Rule 7012.

                      If you are going to represent yourself, you need to familiarize yourself with the Federal Rules of Bankruptcy Procedure which often refer to the Federal Rules of Civil Procedure and with your local court rules regarding adversary proceedings.

                      Was the complaint also filed on 6/16? Your other thread said it was filed on 6/13, in which case they met the 60 day deadline.

                      ETA: Did you check the Free Bankruptcy Legal Services and Resources on your court's website? http://www.wawb.uscourts.gov/view.htm?f=70&id=691&v=5 You are in King County, right? You should at least go for a free 30 minute consultation at King County Neighborhood Clinic. That's just one possibility of services that could be available to you.
                      Last edited by LadyInTheRed; 07-11-2014, 07:28 PM.
                      LadyInTheRed is in the black!
                      Filed Chap 13 April 2010. Discharged May 2015.
                      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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