What is the trustee going to ask for in sole proprietorship filing?

[Gixermeup]

. So right on the eve of trail, literally right when it was my time to speak, pulled out the papers and WHAM automatic stay baby. If the collector even proceeded with the trial in court id be looking at a small fortune for each violation that came out of their mouth in court. So the judge asked them what they wanted to do..and they folded and dismissed cause of the bk. Big bad bank bye bye.

BK is a great option for bailing out of a lawsuit like that. Just make sure you press the nuke button (ie file) well before a judgment is put on you... otherwise your case will get complex and the judgement debt will be like herpes on you.

You got served in both cases ? Did you provide an answer and file the 'first paper' fee $$?

1)what do you mean if the collector proceeded with the trial, you be looking at a small fortune??? You proceeded the trial stating you file bankruptcy. Wouldn't that mean case is over? Why did the judge ask the plaintiff "what they wanna do"

Yes I did file:
1) about 3-4 weeks ago and haven't heard back 2)filed with the court on June , 21, and mailed a copy to the plaintiff. Paid $175 to the court with answers. June 22nd the plaintiff filed an automatic judgement request stating I didn't file an answer. I just received that letter last night June 29th. So now I have to spend the day at the court and see what happened. Any suggestions?? Maybe I screwed something up. Someone told me I might of went to the wrong location/clerk in the court. I dunno, I went where I did before, she took my paperwork, called someone else over, said that's $175, paid her, and she said "I'll probably receive something in the mail".
I didn't feel comfortable with that, but it seemed like she knew what she was doing..she knew my payment, she asked if it was on time(it was),and that's all .

Now I gotta spend time on this. Life can't get any worse

[Gixermeup]

In fact, the Trustee never asked for any P&L just looked at my returns.

Did you file per say??
how many tax returns did you have to provide?
What kinda of questions did he ask about your business???

[bornfree2]

1)what do you mean if the collector proceeded with the trial, you be looking at a small fortune??? You proceeded the trial stating you file bankruptcy. Wouldn't that mean case is over? Why did the judge ask the plaintiff "what they wanna do"

The automatic stay goes into effect the moment I filed. But its a 'stay' which means the case is frozen/put on hold pending the outcome of the bankruptcy. If my case got dismissed or the creditor got the stay lifted then it would pick up right where it was before. Fortunately I got my discharge ... and yet the state case is still open pending review. So i think i need to be proactive and get it formally closed by presenting the discharge order.

If the plaintiff would have continued in court then they would be in violation thus my fantasy of a small fortune. I would have stood my ground and say the automatic stay applies even in a trial and it applies to both sides so i can not violate it by answering any questions.

[/QUOTE]

Yes I did file:
1) about 3-4 weeks ago and haven't heard back 2)filed with the court on June , 21, and mailed a copy to the plaintiff. Paid $175 to the court with answers. June 22nd the plaintiff filed an automatic judgement request stating I didn't file an answer. I just received that letter last night June 29th. So now I have to spend the day at the court and see what happened. Any suggestions?? Maybe I screwed something up. Someone told me I might of went to the wrong location/clerk in the court. I dunno, I went where I did before, she took my paperwork, called someone else over, said that's $175, paid her, and she said "I'll probably receive something in the mail".
I didn't feel comfortable with that, but it seemed like she knew what she was doing..she knew my payment, she asked if it was on time(it was),and that's all .

Now I gotta spend time on this. Life can't get any worse

I dont know exactly what is going on in your case. What I did was notify the collector by fax, email, and a phone call within 30 minutes after I filed. So it was undeniable they had notice of my bankruptcy prior to trial.

But more importantly i filed the proper form with the court with my bankruptcy proof of filing. (For california see this) Even doing all that, the state court clerk rejected that filing because i didnt 'properly attach' the pdf.... so i had to stand in a long line and demand i be able to refile it ... this with me being minutes from called up for the trial. Even if she would not have put it on the docket, i had the order in hand to show the judge, and i had proof i told the collectors. Fortunately ice queen put it in and everything went my way.

Yeah in my experience state court are filled with incompetent staff protect with immunity. Ive had a personal item stolen when i went through their security -- put my items in their tray -- missing on the way out of the xray. When i realized afterwards and complained they shrugged, gave me a form, and continued on their phones. Crooks.

Federal court was miles different. Clerks still had attitude ( bureaucracy will always create an environment of entitlement) but they performed their duties. They didnt offer any advice (as they instructed not to) but they were not without empathy to give hints along the way.

But yeah... any legal matter is a blackhole in time and emotions. I know not to be intimidated by scumbag gatekeeping circus lawyers and collectors, i know the procedures, i know how to find the applicable laws, and get in the ring.