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Filing soon, should I respond to summons?


leaper924s
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I will be filing chapter 7 in a few months (as soon as I can come up with the funds) I just received a summons to appear in district court for a summary judgement. Should I appear, or blow it off since I will be filing in June.

I don't want to appear flippant on this serious issue, but I don't see the upside in appearing..thanks...leaper

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Your bankruptcy is too far off for it to have any effect on the judgment of the court. Just keep in mind a judgment could pose a problem for you in the time before you file and after.

Until you actually file your bankruptcy you could be pulled into court for an asset hearing whereby the judge orders you to show up and answer questions about where you work, where you bank etc. Failure to show up for one of those summons can result in actual arrest and jail time for contempt.

If you are filing in a few months becuase you are saving up the fees, then the judgment could pose a problem there too if you are garnished or your bank accounts are frozen.

Lastly, the judgment will cause your bankruptcy to be a bit more expensive because your attorney will have to do extra work to expunge the judgment. The bankruptcy only removes your personal liability, fixing the records is another matter entirely.

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I would deny the debt (at least until you can review all the document originals with your signature to be sure.)

They probably will not have it and that means they need a witness at that point to prove its yours!

That will delay the case considerably.

A written answer, graduated denial is the way to go if you are looking to buy time.

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I would deny the debt (at least until you can review all the document originals with your signature to be sure.)

They probably will not have it and that means they need a witness at that point to prove its yours!

That will delay the case considerably.

A written answer, graduated denial is the way to go if you are looking to buy time.

Could you give me an idea of :graduated denial", or point me in the right direction? Thanks for the input...leaper

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"Unless I can inspect document originals with my signature, I deny this claim is mine, If this claim is mime, I deny its still valid, if it is still valid, I deny the claim is for the right amount."

This statement literally allows you to raise almost every defense and challenge eveything the Plaintiff tries to do to you. You can hassle literally every piece of evidence right down to every interest calculation, fee, etc!

Put this in an affidavit and mere documents submitted to the court by the Plaintiff, without a witness, should be insufficient to find you guilty.

The advantage of that denial is, even if you are guilty, you are saying you just want confirm its your debt by looking at original (not a copy)of the contract, that presents an insurmountable obstacle for Plaintiff's in most cases.

If they don't produce original contract with your original signature, but attack you with other evidence like mere credit card statments and affidavits, this denial has full force and effect like a straight up denial. (Its really a non-denial, denial)They still have to produce a witness.

It should be enough to prevent summary judgment against you! That will buy you at least 6-12 months in most cases.

Demand a jury if you can. Who knows, you may just defeat it outright.

Remember, I'm not a lawyer, but I love to make lawyers sorry they have law school student loans so they can come to court and prove how worthless formal legal training can be!

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Suggestion.....

If you need to file BK and don't have the funds, STOP PAYING EVERYTHING! What this does:

1.) Gives you the money to file.

2.) Puts a stop on all legal cases, eviction (if you pay rent), foreclosure (if you have a mtg)....

BK is going to tank your score regardless. If this is your option, there is no point in paying your bills while trying to save to file....especially with legal actions breathing down your back.

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Suggestion.....

If you need to file BK and don't have the funds, STOP PAYING EVERYTHING! What this does:

1.) Gives you the money to file.

2.) Puts a stop on all legal cases, eviction (if you pay rent), foreclosure (if you have a mtg)....

BK is going to tank your score regardless. If this is your option, there is no point in paying your bills while trying to save to file....especially with legal actions breathing down your back.

Filing will stop foreclosure? Do you know for how long? Thanks, leaper

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AND you plan on staying in your house, I would never, ever, fail to pay the mortgage!

My default comment applis to UNSECURED debt only!

And that is they way I understood it...I had enough problems getting the mtg. I don't want that to be screwed up too...Thanks, leaper..

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Yes, the mtg co can file a request to lift the stay, but if having a stable residence is necessary for you to successfully complete your BK, the judge will deny the lifting of the stay.

In my BK, I was 10 mos in arrears on my mtg. At the 341, about 75% said they filed to save their house. Paying the arrears is part of the plan. In my case the BK atty didn't respond to the request for a lift of stay and did not go to the hearing even though it was my main reason for filing.

I sued him. I won. It was HIS responsibility to be there to at least fight it.

But, imagine this...with the foreclosure avalance that is occuring right now, it will take banks longer to foreclose. They usually do not try to actually foreclose until you are 90 days behind (or more). Once you file, the stay is in place. It then takes a couple of more months before they request the lift of the stay. You could easily be in your house 6 mo to a year before that happens.

If you are current on your mtg and 1 months mtg payment will pay the BK atty it makes sense to let that payment go for a month.

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Yes, the mtg co can file a request to lift the stay, but if having a stable residence is necessary for you to successfully complete your BK, the judge will deny the lifting of the stay.

In my BK, I was 10 mos in arrears on my mtg. At the 341, about 75% said they filed to save their house. Paying the arrears is part of the plan. In my case the BK atty didn't respond to the request for a lift of stay and did not go to the hearing even though it was my main reason for filing.

I sued him. I won. It was HIS responsibility to be there to at least fight it.

But, imagine this...with the foreclosure avalance that is occuring right now, it will take banks longer to foreclose. They usually do not try to actually foreclose until you are 90 days behind (or more). Once you file, the stay is in place. It then takes a couple of more months before they request the lift of the stay. You could easily be in your house 6 mo to a year before that happens.

If you are current on your mtg and 1 months mtg payment will pay the BK atty it makes sense to let that payment go for a month.

You are probably right, I just have a hard time wrapping my brain around "missing a mortgage payment". I fought so long and hard to get the mortgage, that I don't want to do anything to screw it up. I think I would rather go without food and walk to work to save the money for filing. That's just me,,,Thank you for making me think....leaper...

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You are probably right, I just have a hard time wrapping my brain around "missing a mortgage payment". I fought so long and hard to get the mortgage, that I don't want to do anything to screw it up. I think I would rather go without food and walk to work to save the money for filing. That's just me,,,Thank you for making me think....leaper...

I understand and feel where you are coming from. Mom MIGHT be right, but I too would have a hard time not paying a mortgage payment. I just remember my dad making sure the house was always paid for every month. I might not pay any other bill, but the mortgage would always get paid if I had one.

Good luck with BK though, if that's what you gotta do.

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If you are current on your mtg and 1 months mtg payment will pay the BK atty it makes sense to let that payment go for a month.

All I can say to that is UH-UH!

If you are behind on your mortgage and you have no measurable equity in the home, that is all the lender needs to lift the stay in Chapter 7. What you say is necessary for reorganization in Ch7 doesn't mean squat if what you owe is close to what the house is worth. I fought that fight in February...lost that fight. The lender got the stay lifted.

Also don't count on it taking the lender weeks or months to file a lift-stay adversarial complaint. My lender filed the lift-stay just 15 days after I filed the chapter 7 petition on December 22...and that included days around Christmas and new-years. Some lenders are on top of it and will file the lift-stay as soon as they get notice of your petition, others can take some time. So DO NOT rely on that.

I was only able to delay my lender by 30 days by filing a response and sending it to a trial date. Despite the lender's RESPA violations I cited they still got the stay lifted.

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  • 3 weeks later...

Do understand that filing a 13 is different than a 7.

In my case I filed a 13.

Also, one needs to seriously look at this from the bank's perspective. Foreclosures are at an all time high. Because of that, there is a glut of homes on the market. Because of that house prices are declining. If the bank thought they would have trouble recouping their money before, they certainly will have far more trouble now!

If you are 1 month behind, it is NOT in the banks best interest to foreclose. They are more likely to get their money if they cooperate.

JMHO

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It's not banks, momof5, that are the issue. It's servicers.

If you are lucky enough to have a note held by a bank and not have had your mortgage sold into asset backed securities (also known as a CDO or CLO) then you can negotiate. If you do have a CDO, the servicer doesn't care what the market conditions are or if they sell the house at a huge loss. The servicer gets paid regardless of the outcome. The shareholders are the ones that take the hit. As a result servicers of CDOs are absolutely uncooperative and ruthless most of the time.

How do you know if you have a CDO mortgage? Check your loan documents. If it says MERS on it, you probably have a CDO. Send the RESPA letter I posted in the sticky here (http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=280456) to slow them down and set them up. If they don't respond with answers to this letter you can use it as a sledgehammer against them in a forclosure or bankruptcy proceeding.

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I will be filing chapter 7 in a few months (as soon as I can come up with the funds) I just received a summons to appear in district court for a summary judgement. Should I appear, or blow it off since I will be filing in June.

I don't want to appear flippant on this serious issue, but I don't see the upside in appearing..thanks...leaper

After filing my BK, I am not an advocate of Bk, but if you need to do it, it can be done pro se. When I filed mine, I bought the book:

Nolo, Law for all. How to file a chapter 7 bankruptcy.

It had the forms and directions and everything you needed to know in there.

All I paid were the filing fees, which if I am not mistaken were less than $100. If you do that then there is no hold out.

I say that with this disclaimer: I would not file BK unless I was 150% sure that there is no other way out, no other places to work and hold down the bills, and no hope of my future improving financially in the next 2 years or so.

But if that is what you need to do, I would get that book, and file your own BK.

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Suggestion.....

If you need to file BK and don't have the funds, STOP PAYING EVERYTHING! What this does:

1.) Gives you the money to file.

2.) Puts a stop on all legal cases, eviction (if you pay rent), foreclosure (if you have a mtg)....

BK is going to tank your score regardless. If this is your option, there is no point in paying your bills while trying to save to file....especially with legal actions breathing down your back.

Believe it or not, for some people that are seriously behind on everything already, it actually raises their score, but the BK gets you current on everything. After the BK you are no longer past due on any bill.

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Mortgage must be paid. If you go 13, mortgage can be included w/other debts, but pmts must be paid on mrtge in 13, and then withdrawn. Credit cards will be reduced to settlement payments, but pay full mrtgage pmts and pull out later. That is if you will settle for 13 instead of 7, and yes the money being paid on cards if going bk, seems like a waste, I might be behind in the thread.

Credit card judgements cost an extra $200 generally in a bnkrptcy. Therefore file before judgement if possible.

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"Unless I can inspect document originals with my signature, I deny this claim is mine, If this claim is mime, I deny its still valid, if it is still valid, I deny the claim is for the right amount."

This statement literally allows you to raise almost every defense and challenge eveything the Plaintiff tries to do to you. You can hassle literally every piece of evidence right down to every interest calculation, fee, etc!

Put this in an affidavit and mere documents submitted to the court by the Plaintiff, without a witness, should be insufficient to find you guilty.

The advantage of that denial is, even if you are guilty, you are saying you just want confirm its your debt by looking at original (not a copy)of the contract, that presents an insurmountable obstacle for Plaintiff's in most cases.

If they don't produce original contract with your original signature, but attack you with other evidence like mere credit card statments and affidavits, this denial has full force and effect like a straight up denial. (Its really a non-denial, denial)They still have to produce a witness.

It should be enough to prevent summary judgment against you! That will buy you at least 6-12 months in most cases.

Demand a jury if you can. Who knows, you may just defeat it outright.

Remember, I'm not a lawyer, but I love to make lawyers sorry they have law school student loans so they can come to court and prove how worthless formal legal training can be!

I got copied on a letter the Circuit Court sent to LVNV requesting that they authenticate the debt owed before it goes to judgement..Just wanted to say thanks for your help..Will keep you updated...leaper

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