QUESTION
What do I do if I am going to bankruptcy court for the second time?
Asked on Jul 23rd, 2012 on Bankruptcy - New Jersey
More details to this question:
If I went to the first court proceedings and signed off agreeing the debt was mine, now they have set up another date to come back for garnishment , do I have to show. I cannot afford to miss work, but I don't want to go to jail. Never saw the judge the first time. Also put deposit down for bankruptcy chapter 13 attorney today.
13 ANSWERS
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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Then let your attorney handle it.
Answered on Jul 08th, 2013 at 12:49 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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It is very difficult to answer your question without additional facts. I assume that your first time with the bankruptcy court was a chapter 7 filing. Generally, you must wait eight years after receiving a chapter 7 discharge order before filing a second chapter 7 bankruptcy petition. There are certain cases in which a chapter 13 bankruptcy petition may be filed within the eight year period. Consult with your new bankruptcy attorney regarding the need for you to attend court related to the garnishment proceedings.
Answered on Jul 30th, 2012 at 3:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Ask your bankruptcy lawyer for assistance, I will not give you advise as too many cooks spoil the broth.
Answered on Jul 27th, 2012 at 10:43 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Then why are you not taking advantage of the attorney you hired with the deposit. He/she is closest with your facts and situation. I would demand my moneys worth.
Answered on Jul 27th, 2012 at 8:44 PM
Meredith P. Ezzell
You should consult with the attorney that you paid the retainer as to whether or not your appearance is required.
Answered on Jul 27th, 2012 at 8:41 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Talk to your attorney but you probably will be required to attend.
Answered on Jul 27th, 2012 at 8:12 PM
Talk to your bankruptcy attorney. The bankruptcy rules do not apply until you actually file your petition with the bankruptcy court. Before then, you must comply with all orders issued by the other judge.
Answered on Jul 27th, 2012 at 8:11 PM
If you have been ordered to appear for court, you need to appear for court. However, tell your chapter 13 attorney about the court appearance and perhaps he or she can arrange for the date to be postponed. Once you file the 13, no court date will be needed. Your mistake, apparently, was signing the reaffirmation agreement. Learn from past mistakes.
Answered on Jul 27th, 2012 at 8:08 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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I really don't understand your question. You don't indicate why you went to the bankruptcy court the first time and what you agreed to then. I assume you must have agreed that you owed something that was not dischargeable in bankruptcy if you have been summoned to return to the bankruptcy court for a garnishment. You need to talk with the attorney you say you are in the process of hiring.
Answered on Jul 27th, 2012 at 8:04 PM
You should call your bankruptcy attorney about this immediately. Your Chapter 13 filing could stop this proceeding against you.
Answered on Jul 27th, 2012 at 8:03 PM
Bankruptcy Attorney serving Hartland, MI
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Law Office of Doug Dern & Associates
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Just file your bankruptcy. That ends everything.
Answered on Jul 27th, 2012 at 7:56 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You appear to be confused about what you have gone to court for. If you just now retained a bankruptcy attorney to file a chapter 13 for you, you did not appear in bankruptcy court yet. You probably went to a county court hearing and agreed that you owed the debt and signed a stipulation that you would pay them monthly. Then you defaulted and a final judgment was entered against you. Then the creditor sought to garnish either your wages or your bank account. Bankruptcy will stop the state court case.
Answered on Jul 27th, 2012 at 7:56 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Please note that I would not want to interfere with you attorney client relationship. I would and will first and foremost recommend that you take this up with your newly retained bankruptcy counsel. He/She should advise you on this. If you do not appear, you could go to jail, but my suggestion is get your credit counseling done asap, pay your retainer, and have counsel file a bare bones petition for you.
Answered on Jul 27th, 2012 at 3:10 PM