What To Do

[SANRA308]

My attorney wants me to go to court. He is objecting to 2 claims, this has been going on for almost a year, my name has been on the court calendar ever since we filled. We had 10 creditors and all 10 filed claims. The attorney does not like the 2 claims from B-real He states they have not proved they own the claim. The original creditor did not file a claim and the amount is correct. My issue is I really dont want to go to court and even if it the claim is thrown out it does not help me any. We are paying 30% of $ 90,000 to unsecured the amount for the 2 claims is about $10,000 combined, so it will not shorten our term or reduce our payment it just means the 3000 that would have gone to B-real goes to the other creditors. also the other cases I researched that were the same ruled in favor of B-real based on the fact that the original creditor did not file a claim. Seems like a waste of my time. Also once we go to court and a ruling is made the document will be available online so from now till the end of time anyone who types in my name that will be the first thing to pop up.I wish my last name was Smith. I dont mind it being public record I just wish it was a little harder to find the info then to simply google my name.

[MajorMike]

HUH? are you sure it will come up on google? My name doesn't and our last name is very rare.

[diviaruba]

HUH? are you sure it will come up on google? My name doesn't and our last name is very rare.

You haven't been to trial... yet.

Google any case - try "in re Kelvie", "In re Randle", "in re Kibbe", and you get the PDF files with the opinions - first things that pop up.

[SANRA308]

yes all I have yo do is type in my first and last name on any search engine and it pulls up the court calendar for chapter 13. when you click on it ,it shows the date time and what the trials for, objections to claims. I am trying to figure out if I should just tell my lawyer I dont want to object, The amount they will get is small and if we win or loss it wont help or hurt the plan . plus who pays his fees for all this, we paid 1200 and he is already getting 3500 from plan now. I dont want to make him mad but I dont see the point in challenging this

[MajorMike]

I just did that and our objection didnt show up...that is very odd!!

[diviaruba]

I just did that and our objection didnt show up...that is very odd!!

Mike, it won't be the objection - too deep in the PACER system for Google to reach. It would be any opinion resulting from a trial.You don't have any "In Re"s yet.

[MajorMike]

I know someone who does though and theirs didn't show up either....
As a matter of fact, it is someone I work with and they have TWO trials. One is already done and she owes over 78K in a judgement and another is pending. Neither came up and her name is less popular then ours.

[SANRA308]

It just depends on where you live. Our State post the Court calenders on thier web site so if you type in our name or anyone else whos on the calendar it will pop up on the search engine , this is true of court hearings and rulings as well. You can go to OSCN docket search, type in the name of any OK resident and find out if they have ever been arrested, sued, ect. My parents had thier house foreclosed in 1986 before the court info was even on the internet and yet they went back and put it on the internet so if you search thier name on the court dockets you can find all the info on the forclosure from over 22 years ago. Be thankfull if your state doesnot post everthing

[MajorMike]

no, thank God our state is too big and does not post this stuff.I know many people who filed BK and you can't even pull them up through google.
You can't pull us up as filing either. The court docs are not showing up either and I'm grateful for that!

[Flamingo]

Unfortunately, BK information is public record and is researchable on and off the internet by anyone who wants to find it. On the internet all one needs is a PACER account and they can find you or anyone who has filed or if your state still allows online access to their Court records you can find it there. Most states have eliminated that due to privacy issues (prior to our filing our state BK filings could easily be viewed - social security numbers and all!). That website was changed thereafter due to privacy laws and identity theft issues. Physically, anyone can view your information by going to the BK Court and viewing the information. Many businesses are like vultures and obtain the information on people getting discharged so they can solicit them with car loans and other information. Many people get upset when the information appears shortly after their filing in the local newspaper since it is public information and posted just like arrests and marriage licenses. When one files for BK, they have to go into it knowing this information can be viewed and/or obtained on the internet but due to increasing privacy laws and identity theft issues, social security numbers and other identifiable information may be blocked from view. If you find something showing your SS number online with your filing, call your attorney immediately.

[MajorMike]

They really do need to do something about that. I was just looking around on Pacer and saw several people's social security numbers. That's scary to me!!!

[SANRA308]

privacy issue aside what I tyring to decide is if I should just tell my attorney that I dont want to obect to B-reals claim and have to go to court , since as I stated in original post it will not benefit me even if its thrown out, unless I win the lottery my sweetie dies, and We would have to pay the total back. I dont want to make attorney mad, but I think he just trying to make more money off me.

[woeisme]

Your lawyer works for you. Tell him no if you don't want to go to court! It's your bk, not his! He's not worrying about the anxiety you are feeling about having a court ruling with your name on it, or the fact that this has been dragging out for over a year, so why are you worrying about his feelings? He probably has a bug up his trousers about B-real and wants to use your case as a "test" to see if he can get a precedent of having their claims thrown out that he can use to tell other clients how smart he is and how he can get their debts reduced by his legal prowess or something like that. But you have the ultimate right to make this decision, just make it, tell him, and be done with it.

[lrprn]

Just to play devil's advocate, it's also entirely possible that your lawyer is right. He/she is looking out for your interests trying to reduce what you have to pay.

Your lawyer can force b-real into court any time to prove their claim by filing for a court hearing on a specified date. Our lawyer did that to one of our asset creditors who objected and we won because they were a no-show on the court date.

Is your lawyer aware of how much the waiting is wearing on you? My advice - don't make a decision about what to do without laying all your cards on the table openly and honestly first. If your lawyer knows that you are considering settling solely because of the delay and the stress it is causing you, that will likely get things moving forward again. And if it doesn't, then you can go down the settlement road.

[SANRA308]

Its not so much the stress as it just seems pointless becuase all other creditors have claimed with no objections from our lawyer , since our payback is only 30% we wont finish our plan early or reduce our payment just means the 2000 or so will go to other creditors also I'm pretty sure they will show. there are 5 other cases on the same day with our attorney all same objections . And we already got the letter stating who the attorney for B-real is, asking to be grated privledges here. I just wanted to make sure I was not missing anything before I called back and stated I did not see the point in following thru with objections.