I’m preparing my own documents for chapter 13 bankruptcy and am ready to file the motion, notice of motion, declaration in support of motion to confirm the repayment plan. Do I have to state in the notice of motion whether or not a written opposition is required?
I was recently personally served with legal papers, Petition for Confirmation of Arbitration Award with a hearing date of August 8, 2007. This was from MBNA credit card, asking for ,800. I owe them about ,200. I would like to settle with them before judgment gets confirmed with the courthouse to avoid wage garnishments and liens. I am the major breadwinner of the household and would like to know if it is best to settle with them before the court date or to have judgment confirmed and then settle with them at that time. I wish to keep my financial issues private and not be known by my employer (I work in the legal field). A year and half ago, I signed up with a debt management company to assist me in consolidating and settling all of my outstanding debt. When I discussed the matter with them, they said that I should file an Answer, but the document is not a complaint, but a petition. What proper reply or opposition should I file while discussing settlement with MBNA? Thank u
I am currently being sued in civil court, and have no money for an attorney, the case has gone on for a year now in federal court, and have basically lost my business because of all the time I’ve put into defending myself from something I did not do, and am being "lawyered" to death by 6 lawyers. Because of all this, even if I "would easily win" if I could afford an attorney, I will have to file bankruptcy (chapter 7 for me).
Therefore, relating to an ONGOING CIVIL case and a need to file BANKRUPTCY, here’s my QUESTIONS if you would please use the same numbering system to answer them so I can keep track (thanks thanks thanks):
I would LOVE it if filing the bankruptcy would END the case so I could go on with my life, find another job, build another company etc. I read a lot of yahoo answers and one said “If they haven’t gotten judgment against you … then your bankruptcy filing can and will stop the case.”, but I need to be sure.
1) is there any ADVANTAGE to me in filing bankruptcy BEFORE the judgment (now is preferred so that I can go on with my life which has been destroyed)?…. and what will opposition do if they know I’ve filed for bankruptcy? Will they attempt to continue the case when they know the bankruptcy will go thru? If so, why would they continue the case?
2) Since I’m going to be filing In advance" of the judgement, can I "claim" the "injuries" they haven’t yet enumerated " …on my petition for bankruptcy? …or do I just “list the case” and say “amount pending”? THANKS.
I know about the "automatic stay" (keeps creditors (I currently have NONE and a perfect credit score I’ve worked hard to build all my life) from coming after you etc).
3) After I file for bankruptcy (I know it takes so many months to go thru), these additional related questions, thanks:
3a) what happens to the current civil case?
3b) what do i tell the judge? Do i have to tell the judge or just inform the other side?
3c) will i still have to finish the case (expected one more year of my life)?
3d) if we’re currently in discovery, will it / can it stop discovery / subpoenas etc?
3e) ….or…does it just “suspend” the case until the b/k procedings are over? …or does the case just continue on in real-time?
Thanks so much for answering all of these "sub-parts" to my ‘compound" question. 
They’re really important to my life and my families lives.
Ryan K,
That was totally useless. I can’t believe you actually answered 195 other people. You’re a joke.