Results 1 to 9 of 9
  1. #1

    Default How to Delay or Postpone the Hearing After Filing Bankruptcy

    My question involves bankruptcy in the state of: CA

    I tried to look up the answer to this, but can't seem to find it online. Suppose I submit the paperwork to file for a chapter 7, but have not attended the hearing yet. Can I choose to delay or postpone the trustee hearing until a later date? Or, am I locked into it from the point that I file the petition?

    Secondly, can I just call the whole thing off? Like, for example, I unexpectedly received a huge windfall of income and just somehow came into a lot of money. Could I just cancel it? What would be the consequences, outside of losing my attorney fees? Am i going to be penalized, like for 6 months of not being able to file again ... ? Or, no penalty in this case ... ???

    If someone could shed light on this, I would appreciate it.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Delay or Postpone the Hearing After Filing

    You can apply to have it postponed if you have good reason, of course the creditors can counter with reasons of their own as to why you shouldn't be allowed to do so.

    If you are allowed cancel bankruptcy you darn well better be able to pay off your creditors right away. Stays will be lifted immediately and most likely a lot of the debts will be accelerated already and you will likely start seeing lawsuits proceeding again if you can't pay everything off. You must apply for that dismissal with the court. The court will decide if your creditors are going to be in a worse position if you cancel the bankruptcy. The creditors again can make arguments of their own why you should not be allowed to do so. Note if you've already got a trustee appointed, he's likely to fight cancellation tooth and nail (he doesn't work for you, he works for the creditors).

    If you're in the process now, you should have an attorney. Your attorney is the one you should be discussing this with.

    Another option is to apply to convert to chapter 13.

  3. #3

    Default Re: Delay or Postpone the Hearing After Filing

    I am not in the process yet, but very close to filing. My whole financial situation is a mess, although my credit cards are all still current. Up until now, there still are no non-pays, late pays, or penalties, etc ... yet. But, because I lost my job, and am forced to work only part time, plus a little unemployment (UI) income, I am in dire straits. I have to borrow $500 from a relative to pay my rent on 11/1, and it just keeps getting worse.

    So, next month, I am likely going to not pay any of my credit cards for which they are going into default/penalty status.

    I do have an attorney, who has advised me on some of these things, but I have delayed filing because I was trying to move to a new apartment before filing, which is what he advised me to do. (since I mentioned to him I wanted to move into a new residence before filing)

    Now, a month or so later after talking with him, that is all going to fall through, as I cannot get a better paying job, nor full-time work to qualify for another apartment. So moving is out and I am stuck in my current residence. Now - I am in survival/damage control mode, and the money situation isn't good at all.

    I am having to pay some of my bills (ie - cable/internet) that I owe past due amounts on, and these are considered "luxury" items. I also need to buy a few more things before I file that are also considered luxury items. So, I am trying to plan my expenditures the best I can. If I ask the attorney to help me with all these "minor" issues, he is going to charge me more.

    He quoted me a very good fee: a flat fee of $800, including the $300 filing fee ... for everything, the whole case from start to finish.

    So, I am trying not to bother him, and keep things as simple as possible for him, without causing more complications ... for which he is going to charge me more for.

    The reason why I may want to cancel the petition is b/c there is a remote outside chance that I could land a very high-paying job, as well as another possible highly lucrative business venture, in which may come into fruition in the next 2-4 weeks. But, because my current situation is getting so bad, I no longer have the luxury to delay filing the petition for any more than a few weeks.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Delay or Postpone the Hearing After Filing

    My recommendation is to listen to the attorney. If you do get a job, you're most likely better off in chapter 13 as this isn't the "win the lottery" thing that will allow you to instantly become current on the credit card (and other) debts.

  5. #5
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Delay or Postpone the Hearing After Filing

    What other luxury items do you "need" to buy and for what reason? Have you discussed those purchases in specifics with your attorney?

  6. #6

    Default Re: Delay or Postpone the Hearing After Filing

    Quote Quoting CourtClerk
    View Post
    What other luxury items do you "need" to buy and for what reason? Have you discussed those purchases in specifics with your attorney?
    1) 3 months of my cable/internet bill = $300 (1 month past due + 1 or 2 possible months)
    2) I need a phone. My old cell broke and now I do not have a cell or land line at all. I need one for work. So, $99 for phone and then about $50-60/mo for monthly contract. (unless I get a no-contract phone)
    3) Utilities (gas + elec.) = $400 to $500 for last 2 months and maybe 1 more month
    4) Personal care items = $100 not classified under "normal personal" items ... (ie - prescription anti-acne cream ... I get bad acne that does not go away, it leaves permanent scars on face once I get it)
    5) A start-up cost for a small personal online business venture that may yield possible future income = $250 (might be considered "gambling" or not likely to succeed)
    6) Gasoline and minor repairs for car.
    7) Alcohol (I know its bad, but I am an alcoholic as of late since losing my job a few months ago. I have also lost a close friend who I was very close -like brothers- for 3 decades. Lately, I cannot stop drinking, and cannot go more than a day without booze. I know I need help but I cannot afford medical care, to get treatment even under Obamacare. Free type of treatment isn't going to work. I am going to need meds, etc ... )

    BTW, I spend about $200/ mo on booze. I know, I opened myself wide open for ridicule here, so go ahead feel free to chastise me for this. But, honestly, I can't help myself.

    Not sure if #3 and 6 are luxury, but I'm sure the rest would be. There may be a few more smaller items but not totaling more than $100 or so.

    I have discussed a few of them with him, and of course, he told me not to use my credit cards at all any more. But b/c I am working only part time since I last spoke with him, my money situation is way more tighter than I had anticipated, or what he and I discussed.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Delay or Postpone the Hearing After Filing

    Most of what you describe isn't aren't "luxury" items. The phone might depending on what you get. An iPhone6+ or something might be. A dirt cheap phone wouldn't be.
    The only real issues are the alcohol and the start up business issues.

    Admission into an actual medical substance program is not an issue either. Frankly, I'd do this before I did anything else (or even worrying about bankruptcy). I agree with you that there probably aren't any good treatment options that are free. I have very pessimistic views on AA efficacy (though it's fine for support).

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Delay or Postpone the Hearing After Filing

    7) Alcohol (I know its bad, but I am an alcoholic as of late since losing my job a few months ago. I have also lost a close friend who I was very close -like brothers- for 3 decades. Lately, I cannot stop drinking, and cannot go more than a day without booze. I know I need help but I cannot afford medical care, to get treatment even under Obamacare. Free type of treatment isn't going to work. I am going to need meds, etc ... )
    an alcoholic as of late? BS

    either you are an alcoholic or you aren't and it has nothing to do with how much you drink now or actually, whether you actually currently drink at all.


    Your excuse is BS. Unless you are a true alcoholic, you don't need meds to stop. Even if you are an alcoholic, you may not need meds but depending on how much you have been drinking for the last couple of years, you may need medical attention to ensure you don't die. Of course that might require medication but I do not believe that is what you were referring to.


    BTW, I spend about $200/ mo on booze. I know, I opened myself wide open for ridicule here, so go ahead feel free to chastise me for this. But, honestly, I can't help myself
    Oh, a light drinker. Stop drinking. You aren't going to die (probably not anyway)

  9. #9

    Default Re: Delay or Postpone the Hearing After Filing

    Quote Quoting jk
    View Post
    an alcoholic as of late? BS

    either you are an alcoholic or you aren't and it has nothing to do with how much you drink now or actually, whether you actually currently drink at all.


    Your excuse is BS. Unless you are a true alcoholic, you don't need meds to stop. Even if you are an alcoholic, you may not need meds but depending on how much you have been drinking for the last couple of years, you may need medical attention to ensure you don't die. Of course that might require medication but I do not believe that is what you were referring to.


    Oh, a light drinker. Stop drinking. You aren't going to die (probably not anyway)
    OK, thanks for the input.

    1. Sponsored Links
       

Similar Threads

  1. Drunk and Impaired Driving: Delay in Filing DUI Charges
    By duiadvice in forum Drunk and Impaired Driving Charges
    Replies: 1
    Last Post: 11-08-2013, 07:21 PM
  2. Hearings and Trials: How to Delay a Traffic Court Hearing
    By TomRiddle in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 11-28-2012, 09:23 AM
  3. Hearings and Trials: Delay in Hearing for a TBWD
    By uwti in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 04-13-2012, 04:24 PM
  4. Can a Judge Delay Custody Hearing
    By 4mykid in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 07-12-2011, 05:44 PM
  5. Hearings and Trials: Can I Get My Ticket Thrown Out For Delay In Hearing?
    By hufijazz in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 03-19-2008, 10:45 AM
 
 
Sponsored Links

Legal Help, Information and Resources