Reaff hearings - do both debtors have to be present if they're both
Posted: Mon Sep 24, 2012 8:55 pm
I would think that both debtors need to be present at the reaff hearing if
they're both on the contract, but I have a client whose joint debtor wife
cannot get off work to go to the hearing (or so she says). Can the Debtor
(only) show up? He is going to ask for the agreement to be disapproved as
not being in their best interest. It's my understanding that having it
disapproved on those grounds is much different from having it disapproved
for failure to appear. We want the benefit of the ride through, so we want
the judge to disapprove it as not being in their best interest but I am not
sure whether we can get that ruling if the joint debtor fails to appear.
Do you know?
The case is with BR in LA.
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
I would think that both debtors need to be present at the reaff hearing if they're both on the contract, but I have a client whose joint debtor wife cannot get off work to go to the hearing (or so she says). Can the Debtor (only) show up? He is going to ask for the agreement to be disapproved as not being in their best interest. It's my understanding that having it disapproved on those grounds is much different from having it disapproved for failure to appear. We want the benefit of the ride through, so we want the judge to disapprove it as not being in their best interest but I am not sure whether we can get that ruling if the joint debtor fails to appear. Do you know?
The case is with BR in LA. 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
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