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Should I Fight? Filing BK in 45 days!


AlmostBK
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🙈 Today the Sheriff delivered the papers, so my clock has started.

Here is my situation.

I was waiting for the SOL to run or file BK if I was served. My timeline to file (BK) is in September so I need 45 days. I won’t be ready to file before September.

Total debit 40K + :  Chapter 7  : No means :  income below.

 

Served by Law Offices of Kenosian & Miele, LLP  for Unifund for about $8000 plus cost.

Option 1. Do nothing and file BK as planned. Lets the cards fall where they will.

Option 2. File something to delay the case until September when the BK will wipe it out.

Found this as helpful for filing a GD

https://saclaw.org/wp-content/uploads/lrg-responding-to-a-lawsuit.pdf

My questions are ….

1.      How long will it take Law Offices of Kenosian & Miele, LLP to file and receive default?

 

2.      How long will it take to get a judgment after they file?

 

3.      Am I wasting my time doing anything and just keep going forward on the BK, don’t worry about this BS?

 

4.      Anybody get a fee waiver in California on unemployment?

 

5.      Has Covid slowed the Collections Court down in Chatsworth? Will the default/judgment be delayed by 10 days from their filing?

 

6.      Could I file a countersuit and keep this going after the BK discharged the debit.

 

TKU in advance

Counterclaim thoughts might be grabbing thin air????

John P. Kenosian is adding unlicensed practice by using “Law Offices of Kenosian & Miele, LLP” as name in court documents. K&M, LLP is not registered with the CA. State Bar.    

“Law Offices of Kenosian & Miele, LLP” is not registered with the SOS of CA.” Kenosian & Miele, LLP” is a registered LLP but not “Law Offices of….”

Kenneth J. Miele died in 2015. So Mr. Kenosian is in violation of Ethics Opinions 1986-90, using a dead man’s name in biz name.

https://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1986-90.htm

Again thin air, stay at home has left me inside with no sunlight. I need to get out soon.

 

 

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27 minutes ago, AlmostBK said:

1.      How long will it take Law Offices of Kenosian & Miele, LLP to file and receive default?

With the Covidiocy affecting the courts there is no telling.  You can take a look and see if your court has an online docket and has started hearing cases again if they were closed.  If not it typically is as short as 30 days to trial once you answer to as long as 2 years in the unbelievably busy courts of Southern California.

28 minutes ago, AlmostBK said:

2.      How long will it take to get a judgment after they file?

If you don't answer and they have to file for default probably 30 days to 6 months depending on how quickly they move.  If you answer and it goes to trial there is no judgment until you have the trial and lose.

29 minutes ago, AlmostBK said:

3.      Am I wasting my time doing anything and just keep going forward on the BK, don’t worry about this BS?

If you are going to file regardless of what they do then you have more than 45 days before they can move to garnish wages or levy a bank account.  You will have filed already and even if they did get a judgment the BK willwipe it out.

31 minutes ago, AlmostBK said:

5.      Has Covid slowed the Collections Court down in Chatsworth? Will the default/judgment be delayed by 10 days from their filing?

The default judgment only occurs when they move for it and you don't respond to anything from the court.

31 minutes ago, AlmostBK said:

6.      Could I file a countersuit and keep this going after the BK discharged the debit.

NO

32 minutes ago, AlmostBK said:

John P. Kenosian is adding unlicensed practice by using “Law Offices of Kenosian & Miele, LLP” as name in court documents. K&M, LLP is not registered with the CA. State Bar.    

“Law Offices of Kenosian & Miele, LLP” is not registered with the SOS of CA.” Kenosian & Miele, LLP” is a registered LLP but not “Law Offices of….”

Kenneth J. Miele died in 2015. So Mr. Kenosian is in violation of Ethics Opinions 1986-90, using a dead man’s name in biz name.

Stop grasping at imaginary straws.  You are splitting hairs and it won't work.  

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