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Found 6 results

  1. Hello, I filed Chapter 7 but I filed the Schedules on November 18, 2019, the Monday after an Order Dismissing case was entered on November 14, 2019. The Order states, "The case is dismissed without prejudice and without a discharge effective on the 15th day from entry of this Order." I have to file a motion to vacate or for reconsideration of the Order within 14 days. It is now the 19th and just today, I received the notice in the mail. On Sunday 17th, I accessed PACER and I saw it on the docket as an entry but could not retrieve the notice to read it. Upon seeing this on PACER, I emailed the Trustee that same night, which was Sunday 17th, stating why I was late filing the Schedules and that I would be filing them the very next day. The trustee barely responded today via an email stating that the case was dismissed and nothing else. I had also provided the Trustee all the documents requested of me. I am sure I can still save this by petitioning the Trustee but I need help with the language. I believe I am not supposed to file this with the Bankruptcy Clerk. Also, aren't the 14 days not supposed to include holidays and weekends? Please help?
  2. Hi, I was the owner of an single member LLC that went out of business. A debtor (advertising company ) sued for balance owed and for breaking the contract. I never signed personally for this contract but the plaintiffs attorney named the LLC and myself on the complaint. They eventually got a default judgement for both the LLC and myself. Do I have grounds to have this motioned to vacate? This collection company is now trying to collect on this judgement. Any advise would help. Or even a sample motion to vacate would help.
  3. I got stuck in traffic and was too late to submit my answer with MTC private/contractual arbitration. I called the court clerk in New Jersey she said I should then file a motion to vacate along with my answer. But needed a valid excuse. Am I destined for a default? Would the court consider health reasons valid? Any advice as to how to do best go about doing this? Actually, I'm still within the 30 days of being served. I've seen conflicting rules: 35 within the date the complaint was filed and 30 days within being served. Thanks
  4. Hi, in Dec 2014 Amex obtained a default judgment against me for $15K, I did not defend because honestly my husband and I have lost everything in the last couple of years and it just got buried under all my priorities. In any case, I received another envelope from Amex with a copy of Plaintiff's Motion for Entry of Default Final Judgement.and a questionnaire as to my assets and so forth. I have contacted an attorney but was he is just interested in having me file for bankruptcy.I am not ready to file for bankruptcy yet but I would like to try to vacate and defend agaisnt Amex. Is there anything I can do or file with the court at this point??
  5. Here is a link I found while researching issues on my case: http://www.volunteerlawyersnetwork.org/files/Motions%20to%20Vacate%20Default%20Judgments%20Tips.pdf Mine isn't default, so it's not too helpful for me. But for too many people, default is their first notice that they've been sued.
  6. Attached is how I got a one-year-old default judgement vacated. This example will probably not apply to many people, but you never know what you might find if you look in the actual case file of old default judgements. The statute of limitations never runs out if you were not served properly and want to make a motion to vacate. It's an issue of due process and "personal jurisdiction", but only IF you can prove it. I got very lucky in this particular case. Motion to Vacate granted.pdf
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