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  1. #1
    Join Date
    Feb 2011
    Posts
    1

    Default Notice of Hearing

    I filed for Chapter 7 a few months ago but one of my creditors filed an objection, I just received a letter for a notice of hearing for a motion to extend time to file objection to discharge and for me to report for exam, which was filed by the creditor.

    I already told my attorney to remove this creditor from my plan a few weeks ago, I'm not sure if they filed this before my attorney told them. My question is what happens if I don't report? I am living out of state and can not afford airfare and expenses to travel back. I also, can't afford the extra fee's that my lawyer would charge me, to give a Deposition and try and fight it. Since my home was already taken away and I don't own any property, I'm just going to let them get a judgment and worry about paying them back when I get back on my feet.

    Thanks in advance for any advice or solutions!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Notice of Hearing

    You need to ask your lawyer what will happen if you don't report. If you are consenting to have the debt taken outside of the bankruptcy estate such that it will not be discharged, it's difficult for me to imagine why the creditor would press ahead with a hearing. But I only know what you've posted here, whereas your lawyer knows all of the relevant facts.

  3. #3
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Notice of Hearing

    Owe back taxes RI state 19,000 and federal 36,000, RI has lien on primary residence home IRS no, tried OIC but dismissed due to being in bankruptcy Home underwater no equity. Can I request a motion to determine the value of the lien RI and since the irs debt is secured whether lien filed or not can I get the tax debt for RI and IRS dismissed due to no value and can you file a motion without reopening the case or do you have to reopen and can we go from a chapter 7 to 13 to get rid of the 2nd mortgage, the taxes do not meet the three year rule

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