Do trustees / judges use precedent from other BK cases?

[Graphic]

I'm assuming they do, since that is how our legal system works. Being a law major I haven't really had any classes on Bankruptcy yet, hence all the questions, but I mean obviously there aren't many cases under the new laws so there might not be as many as before.. but if I were to look online into my Westlaw account(if no one knows what that is, im sure you all do then ask) and find different information do you think I could use it towards my case if any of it helped me out?

Ryan

[bkfiler]

yes that is how cases are judged. read court rulings on BK cases. but do you think yours would get that far? you better hope not.

that is the long hard way to go about it. hell reading here is gonna get you so many answers then that will ever give you and that is the fact.

1- get PACER and look at how people file.
2- get appt with attorneys like ive said from the start. they are free. let them tell you the answers.
3- keeping reading here.

[Graphic]

Well obviously I don't want it to get that far lol. Westlaw has everything though, I mean this is what every lawyer uses (maybe the 2nd competitor Lexis) So the information is there it's just sometimes a pain in the ass to look at. I have had appts with attornyes..about 5 now just sometimes you think of things later to ask or just pop in your head you want to know about so you either ask or try to find it online. Shit I still get many conflicting answers between attorneys on the new laws. So whatever I can use I'll try it

[bkfiler]

youd be better off getting cases in your court that match your case, for your trustees and judges that will decide your petition, etc.

if you really want to find out whats gonna happen, borrow your best friends drivers liscence and file bk for him using your accounts but his name. follow it to the end and see what happens. you might not want to tell him about this.

[Graphic]

Well every case thats ever been thru court is on there. Obviously ones JUST decided aren't .. but they update quickly. Anywho I just didn't know how the trustee would look at precedent from other cases, (obviously from the same state just a different jurisdiction on exemptions..or unless it was a broad question from different states). Guess I'll ask my judge teacher lol. Even though he doesn't do that stuff, maybe he'll know hell.

[bkfiler]

im not so sure you have access to all court records. usually only reviewed cases show up on lexis and westlaw. otherwise it would be a huge waste of resources searching for important cases and having to thumb through 500 millions bk cases.

print them out and you will see for yourself. if you think you can use it then great. but id still get access to pacer and get local copies of cases instead. that will show you how to file and you can watch the case progress.

[Graphic]

They do according to what "subscription" you have to it. I basically have the same account as any normal lawyer..or paralegal really. lol where do you think all the researching comes from 9 times out of 10? Hard back books are old school -.- ...... Some are restricted but for different reasons.

Oh well I'll look and see heh.

[JimH]

You are correct on court proceedure / precedent. Yours isn't all that complicated though - except for your never ending car issue. complicated = $$$ : simple = $. After your car sale and "wise" (cash only) spending spree, you have a straight no asset bk. Don't make it complicated.

[Graphic]

Oh yeah mine is easy lol. One day left on ebay ;) .. I'm just bored my weekend started today lol. Figured I would research cause I can't sleep.

Also, are things such as "Lasik surgery" considered cosmetic and would that be a non necessity? I mean could they say TOO BAD GET CONTACTS lol, which I have. I just wanted to get it done so would be a good time.

[bkfiler]

i would consult an attorney about your situation.

[bkfiler]

They do according to what "subscription" you have to it. I basically have the same account as any normal lawyer..or paralegal really. lol where do you think all the researching comes from 9 times out of 10? Hard back books are old school -.- ...... Some are restricted but for different reasons.

Oh well I'll look and see heh.

attorneys dont care about cases that are normal. if they wanted those they get on pacer unless westlaw connects in the same way. however, these system are for cases that are setting precedent and as such are reviewed by experts and written up into a brief and put into the system. not all caes are useful and most are redundant.

attorneys have access to pacer too. but those documents are scanned in. the text isnt searchable.

[bkfiler]

just confirmed, again.

you have access in westlaw just like as if you were on pacer. but you cant search text in all of the documents itself. so 'research' cant be done unless you go through each case and read it yourself one by one.

only important cases that are brought on appeal are reviewed in detail and entered into the system and can be used to 'research'.

[Graphic]

Just because a case is normal doesn't mean a lawyer won't use it for his or her case.. If it is pertinent to their case they will use it. No matter if it took them 5 seconds to decide it or a year. I guarantee you there are more than just cases that were appealed or 'reviewed' on westlaw. They are obviously reviewed so they can put them within certain categories of law. There are like 70,000 cases a year that go thru the court system so that is where the "west key number system came in" .. created by the West brothers in 1800's and shit we still use it today. There are like 900 different topics they use, hence the review so they can put it in the topic it pertains to the most. Anywho if don't believe me message me I'll show u ;)

[JimH]

By the way, graphic is right. All cases are supported equally right down to the most basic and mundane.

[Minnymouth]

BK,

MY CASE is a case for Westlaw...........expect to see it there in the end..............