What can I expect from dispute?

[Cubs in '08]

A couple days after the 60 days I got the discharge letter in the mail. I knew that there was a dispute, but you want to talk about getting a roller coaster feeling. Right after opening I thought maybe the creditor (my former co-buisiness owner) pulled his dispute, and maybe I can work on getting a car that has A/C and windows that roll down (it is HOT)! After getting an e-mail from the Lawyer he said it was done in error. Talk about feeling the low that I have gotten pretty accustomed to pretty quick. A couple days later the letter cam telling me that a dispute has been filed from the creditor, and the new date is a month later July 21 (over 3 months after the filing of March 18). Some first year wedding anniversary......July 21 by the way. My question is what can I expect trials, court dates, more 312 meetings????? The dispute is that I did not have the house I live in on the paperwork. The house loan is in my "new" wifes name, and I am listed on the title. The creditor wants to have the case thrown out, and since I am filing a personal Ch. 7 with mostly business debts it would cause me to go under the means test. Apperently the house on the paperwork puts me under 50% business debt. My lawyer tells me not to worry, and to "sit tight." I am litterally sitting every night just waiting for bad news, and what else might come in the mail from my lawyer to change things. By the way I have to pay my lawyer $160 p/hr. because the case is now "disputed." So can someone help me understand what I can expect in this next (hopefully) last week???

[Help!]

I would not wait for the next piece of bad news to come in the mail and I wouldn't "sit tight". I would look up my case on PACER and try to get an idea of where this thing is headed. If the creditor has gotten the UST involved and they're planning to throw out your case alleging fraud, you'll see a "707" flag under "Summary". Look at the Docket History and you should be able to open up the creditor's actual complaint. I would also look at the schedule to determine what events are lined up to decide the outcome of your case.

[Lajazz947]

I agree. I never "sit tight" at least to the point of relying on someone else.

I have an attorney and I pay him well but I am educating myself as much as possible.

[AngelinaCat]

And you cannot depend on attorneys, either, so sadly we have found out with all the mess we are in. Do as Help! has suggested and go find out how you might be able to help yourself.

Good luck to you.

[Cubs in '08]

I have a 727 & 523. There has not been any a activity since the creditor asked for the extension 7-3-08.

[Help!]

I have a 727 & 523. There has not been any a activity since the creditor asked for the extension 7-3-08.

Ok -727 just means a complaint was filed (which you already know). On PACER for your district, you should be able to click "Court Information" and get an explanation for the flags unique to your district. Is the "523" flag defined?

[Help!]

I think it's an objection to dischargeability, which means the creditor is probably trying to get the court to revoke your discharge. If you open the complaint, you should be able to tell if they are objecting to the discharge of their debt only or objecting to the discharge of all of your debt. It is good that the 707 flag is not present as this is the US Trustee's motion for fraud. There's nothing filed by your attorney in the docket addressing the complaint? It sounds like you and your attorney need to sit down and go over the complaint and he needs to inform you how he plans to respond to the complaint and when. Was the attorney aware of all of this when you filed? Are you on the title but not the loan?

[Cubs in '08]

The 523 is the crditor filing for extended time to determine dischargeability. The 727 is the motion granting the action. It moved the date to file objection from June 20 to July 21.

[JRScott]

Hopefully it'll work out in the end

[Help!]

Sorry - I tend to focus on the facts and details and I neglected to say that I hope this all works out for you.

[Cubs in '08]

I know that my former business partner asked for the extension to do some more digging. I would like to hope for the best, but why would they ask for an extension if they were not going to file a dispute? There is not anything on Pacer with the deadline for disputes on Monday. I guess that they waited untill the last day to file the extension why not wait for this? This whole thing really sucks to wait for like everybody already knows, but I don't know if it has been worse or better actually getting the discharge letter that was revoked.

[Help!]

Not all extensions lead to objections, and if someone's really serious about an objection it would be foolish to wait until the last minute (or the last day) to file one. Hang in there... you might be discharged again by next week!

[Cubs in '08]

Another curveball. My creditor that filed the 727 to increse the time to file dispute filed a 727 for the entire case, and one for his debt. Because one of the 727's were overlooked somehow the time that was increased to July 21 has been pushed forward to July 30. The other 727 needed to be filed by the judge, and they need to provide on day for any action to be taken on the filing. As of this morning there has not been a dispute filed. I was hoping to find out what the status was from the July 21 deadline, and now I will know tomorrow what the next step is. If there has not been anything filed by midnight tonight there is an order to discharge. If there is a dispute filed I don't know what is going to happen

[soleprop]

boy, no easy in this one....keep us posted!

[Priceless ProSe]

Another curveball. My creditor that filed the 727 to increse the time to file dispute filed a 727 for the entire case, and one for his debt. Because one of the 727's were overlooked somehow the time that was increased to July 21 has been pushed forward to July 30. The other 727 needed to be filed by the judge, and they need to provide on day for any action to be taken on the filing. As of this morning there has not been a dispute filed. I was hoping to find out what the status was from the July 21 deadline, and now I will know tomorrow what the next step is. If there has not been anything filed by midnight tonight there is an order to discharge. If there is a dispute filed I don't know what is going to happen

Hope it works out for you, its 11pm for me right now for me so if ur in the midwest hopefully the deadline has come and gone. Hopefully ur able to get some sleep through all this mess.