Form E - motion on reaff agreement erroneously filed by creditor
Posted: Thu Mar 22, 2012 4:34 pm
Actually, it appears that the creditor did NOT file Form E, but BB made
this hearing on the court's own motion since the box was checked. Perhaps
we did not adequately explain on Part D how debtor proposes to make the
payments?
Has anyone dealt with this issue before where the court calls you to
explain the undue hardship?
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Thu, Mar 22, 2012 at 3:53 PM, Holly Roark wrote:
> The creditor erroneously filed Form E - motion on reaff agreement - with
> the reaff agreement. (True, I did hand it back to them signed (my
> fault).) Usually they know better than to file this. Now BB set a hearing
> date for me to appear and "discuss the presumption of undue hardship". I
> signed off on the reaff in section C, and debtor wants to keep the car.
>
> How can I fix this? Can I voluntarily dismiss the motion?
>
>
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
>
Actually, it appears that the creditor did NOT file Form E, but BB made this hearing on the court's own motion since the box was checked. Perhaps we did not adequately explain on Part D how debtor proposes to make the payments?
Has anyone dealt with this issue before where the court calls you to explain the undue hardship? holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Thu, Mar 22, 2012 at 3:53 PM, Holly Roark <hollyroark22@gmail.com> wrote:
The creditor erroneously filed Form E - motion on reaff agreement - with the reaff agreement. (True, I did hand it back to them signed (my fault).) Usually they know better than to file this. Now BB set a hearing date for me to appear and "discuss the presumption of undue hardship". I signed off on the reaff in section C, and debtorwants to keep the car.
How can I fix this? Can I voluntarily dismiss the motion?Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
The post was migrated from Yahoo.