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What is the Sua Sponte Hearing a Week after 341 meeting?

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    What is the Sua Sponte Hearing a Week after 341 meeting?

    I filed pro se and had my 341 meeting today. Everything went well. I received notice that there will be a Sua Sponte hearing next week. What is this?

    #2
    Sua sponte

    I can only tell you it translates to something like "of one's own will", but I've never heard of this in relation to BK...
    Filed chapter 7: June 9, 2008
    341 meeting: July 18, 2008
    last day for objections: September 16, 2008
    DISCHARGED September 18, 2008 - CLOSED September 29, 2008

    Comment


      #3
      just found this in a legal dictionary...

      Sua Sponte

      (n) When a judge makes a decision on his own observation, without a request made by any party involved in the proceedings, such orders or decisions are known as Sua Sponte. The phrase was derived from Latin words which mean" of one's own will", that is a decision not forced.
      Filed chapter 7: June 9, 2008
      341 meeting: July 18, 2008
      last day for objections: September 16, 2008
      DISCHARGED September 18, 2008 - CLOSED September 29, 2008

      Comment


        #4
        http://www.bkforum.com/showthread.ph...ght=Sua+Sponte

        I did a search of the forum for you this link is what I found
        good luck
        Chapter 7 07/30/2008
        341 09/17/2008
        Discharge 11/21/2008

        Comment


          #5
          Sua Sponte Hearing

          This "Sua Sponte Hearing" ended up being a status hearing that is triggered automatically when someone files pro se. The judge just asked a couple of questions much like the trustee did at the 341 meeting. My judge was very personable and was genuinely interested in how I was able to fill out all the paperwork and know what to do without a lawyer. He asked if I completed my credit counseling AND my financial counseling. I told him I had. He laughed out loud and addressed all the lawyers in the courtroom, "Now tell me lawyers how can this lady have all of her paperwork complete early and people with lawyers seem to have missing paperwork at the last day possible?" When the judge asked the trustee if she had any questions for me she stood and told the judge that all my paperwork was in order and that nothing needed to be amended. So obviously I'm really happy that it all worked out.

          Comment


            #6
            Very interesting...thanks so much for following up on this. So happy to hear it went well; congratulations!
            Filed chapter 7: June 9, 2008
            341 meeting: July 18, 2008
            last day for objections: September 16, 2008
            DISCHARGED September 18, 2008 - CLOSED September 29, 2008

            Comment


              #7
              Congrats

              Glad it is going smoothly
              May 31st, 2007: Petition Filed by my lawyer
              July 2nd, 2007: 341 Meeting Held
              September 4th, 2007: Discharged and Closed.

              Comment


                #8
                So does this mean your in the market for a new career? Sounds like you nailed it, congrats and also congrats on making fools out of the dumber attorneys out there , I love it !!! You go girl....

                Comment


                  #9
                  Ha, no new career for me. I'm a teacher so I already work with kids. Lawyers would be worse I'm afraid.

                  Comment


                    #10
                    what state are you in? curious if this is a district-discression kind of thing; i filed pro se in MN, didn't have this hearing. thanks
                    Filed 7/28/08, Discharged 10/29/08
                    (filed pro se: nonconsumer no asset CH7)

                    Comment


                      #11
                      it seems to me u did ur Bk and nailed it too.
                      Will u share me some of ur opinion if u dont mind.. By the way im impressed and happy for u ( smart girl)
                      I have this lady filing chapter 7 owed about 24k in cc
                      1 car payment (willing to keep) doesnt own a house.
                      36 k a year.
                      ================================================== ======
                      or i have another case
                      chapter 7 also
                      owed about close to 2 million.
                      no business however has a lot of Property
                      some other property was being rented by friends.
                      but cant keep up payment now he has to forclose the house or shud he try to have a quick sale.
                      hes willing to keep one house and a car for him and his wife.
                      Should he be able to keep 2 cars knowing they both need it.
                      and the house the are living at which is 450, thousand dollars worth ( normallly it was close to a 1 mil.)
                      can he put that as an exemption? if he ca what is more likely to happen?
                      He owes cc also my main thing is to have his house and car be kept by him. and the rest he dont care what happen. will u guide me here teacher?
                      thanks!

                      Comment


                        #12


                        sorry but i am just surprised that what appear to be bk professionals are coming to a support forum for help prepping their cases...makes me even more satisfied with my pro se experience, because if i were to hire someone i would expect them to know their stuff.
                        Filed 7/28/08, Discharged 10/29/08
                        (filed pro se: nonconsumer no asset CH7)

                        Comment


                          #13
                          Originally posted by soleprop View Post
                          what state are you in? curious if this is a district-discression kind of thing; i filed pro se in MN, didn't have this hearing. thanks
                          I'm in Kentucky.

                          Comment


                            #14
                            Originally posted by philslyn View Post
                            it seems to me u did ur Bk and nailed it too.
                            Will u share me some of ur opinion if u dont mind.. By the way im impressed and happy for u ( smart girl)
                            I have this lady filing chapter 7 owed about 24k in cc
                            1 car payment (willing to keep) doesnt own a house.
                            36 k a year.
                            ================================================== ======
                            or i have another case
                            chapter 7 also
                            owed about close to 2 million.
                            no business however has a lot of Property
                            some other property was being rented by friends.
                            but cant keep up payment now he has to forclose the house or shud he try to have a quick sale.
                            hes willing to keep one house and a car for him and his wife.
                            Should he be able to keep 2 cars knowing they both need it.
                            and the house the are living at which is 450, thousand dollars worth ( normallly it was close to a 1 mil.)
                            can he put that as an exemption? if he ca what is more likely to happen?
                            He owes cc also my main thing is to have his house and car be kept by him. and the rest he dont care what happen. will u guide me here teacher?
                            thanks!

                            The first incident sounds like it would be Chapter 7 but I can't see how the second one would be. The trustee would go after the house in a heartbeat. But I'm not a lawyer and I don't know all of the ins and outs.

                            Comment


                              #15
                              Originally posted by philslyn View Post
                              it seems to me u did ur Bk and nailed it too.
                              Will u share me some of ur opinion if u dont mind.. By the way im impressed and happy for u ( smart girl)
                              I have this lady filing chapter 7 owed about 24k in cc
                              1 car payment (willing to keep) doesnt own a house.
                              36 k a year.
                              ================================================== ======
                              or i have another case
                              chapter 7 also
                              owed about close to 2 million.
                              no business however has a lot of Property
                              some other property was being rented by friends.
                              but cant keep up payment now he has to forclose the house or shud he try to have a quick sale.
                              hes willing to keep one house and a car for him and his wife.
                              Should he be able to keep 2 cars knowing they both need it.
                              and the house the are living at which is 450, thousand dollars worth ( normallly it was close to a 1 mil.)
                              can he put that as an exemption? if he ca what is more likely to happen?
                              He owes cc also my main thing is to have his house and car be kept by him. and the rest he dont care what happen. will u guide me here teacher?
                              thanks!


                              Are you an attorney???????
                              Filed Ch. 7 (no asset): 12/30/2008
                              341 Meeting: 01/26/2009
                              Last Date for Objections: 03/27/2009
                              Discharged & Closed: 03/30/2009

                              Comment

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