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Do trustees / judges use precedent from other BK cases?

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    #16
    graphic, jimh - not true at all. re-read my post.

    you were asking if westlaw would help you research etc, etc, do judges use cases, etc, etc. that implies something. those cases that im speaking about are not text searchable in westlaw and are not use to do what you asked about. they are normal cases can be accessed, just as i said, through westlaw and pacer lookups but not text searchable.

    those cases are not used to decide higher cases. so no they are not supported equally in westlaw, lexis, etc. they are not reviewed and written up about unless they are on the higher courts, had a judge involved, set important case law, etc.

    remeber my original point is just use pacer (or westlaw since they have acees to pacer like titles as well, it makes no difference), intead of researching cases that havae been brought to a judge, higher court, appealed, etc since your case probably wont make it there anyway.

    and most directly to the real point is that his bankruptcy case isnt going to have these problems anyway. i hope not at least! no judge will ever rule on his case is my hope.
    Im not an attorney or a trustee. You cant trust me either though!

    [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
    [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
    [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
    [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

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      #17
      minny, i KNOW your case will be in there. its a guaranttee!
      Im not an attorney or a trustee. You cant trust me either though!

      [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
      [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
      [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
      [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

      Comment


        #18
        Yeah, I'd love to see the writeup on mine and hear the discussions on it..............
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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          #19
          No, I definately know what you are saying, dont get me wrong. Dont want to sound like im offended or anything lol. You can search for text and whatever else you want really in the case. It's very precise. Like you said, I don't know if just bankruptcy cases that weren't in 'court' per sae are going to be in there, because I haven't had time to look yet but they might be. It's public information really so I don't see why it wouldn't be. Westlaw is a pain in the ass to use...shit you have to be certified in it by most law firms to become a paralegal because some parts of it are easy.. and you can find it eventually but there are so many cases unless you know how to make your searches short and simple you will be there all day trying to find one case.

          Anywho I definately see whatcha mean. sorry for ne confusion

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            #20
            well think of it this way.

            cases that are 'special' and are 'reviewed' might be worth getting the case documents and putting it into the system as searchable text. i would. but then again i think all of it should be text searchable. ok thats for reearch purposes, so you can search keywords accross the entire court, city, country, state, country imo. that would be what i would want and i think that is what they do. they should imo.

            but, more to what we are talking about lets work through the process. the bk courthouse gets our cases electronically from attorneys hooked up to their system, or they can get it when we walk to the courthouse steps and file it directly. either way, they digitally scan that in and its a photocopy of the document. they dont type all that into the system. just the names, dates, action. thats all. just titles. ok so that is the extent to which any other outside agency can get the info as well. so they cant text search all cases, because the court doesnt enter it that way.

            unless you think westlaw actually goes to teh courthouse overnight at each court in every city and state and gets people to type that in, also making room in their chairs for the lexus folks, and any others that want to type the text in. given that fact, we know the cases all arent typed in. just the special ones that go to trial, or are otherwise making new case law.

            and that makes it not very handy for searching, using, etc for what you were talking about.

            nonetheless, i would still do as i suggested. look through all the cases one by one and see what cases match yours and print those out and learn how to file yours. also, follow their cases by keeping track of their docket history to see whos complaining, objectings, dismissing etc and for what reason. of course if the judge has to get involved then you can see what he says.

            you can do this free at some courthouses, priting cost money though. and since you have westlaw you can access it just like pacer i was told so you should be good to go.
            Im not an attorney or a trustee. You cant trust me either though!

            [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
            [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
            [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
            [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

            Comment

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