What is the name of your state (only U.S. law)? Florida
My husband recently (successfully) filed bankruptcy - chapter 7. After we had seen the bankruptcy attny but before the bankruptcy was completely filed we received a notice/request for the form 1.977 to be completed. The time period allocated was 45 days (standard) before the 45 day period had expired the bankruptcy was filed and all creditors were notified, including the creditor requesting the 1.977. Our bankruptcy attny. advised that the court's (and creditor's attny) receipt of the bankruptcy paper work - made it not necessary to complete the paperwork, that all collection efforts were required to cease.
Today my husband received a letter from the creditor's attny saying that he was to appear in court in a contempt hearing for not completing the form 1.977.
- He was cc'd on the letter and the letter was addressed to the Judge.
- We have received no other notification of his need to appear in court for this event. Although we did get a single notice that the post office tried to deliver a certified letter from the same attny.
- My husband's ex-business partner is also named on the request. He has done nothing to tidy up his situation
- no bankruptcy or work with creditors that we are aware of.
Should we have supplied the 1.977?
Can the judge have my husband arrested?
Is it enough for the other attny to require my husband to attend?
Should we have the 1.977 completed and with us? We will take with us all of the paperwork and discharge of the bankruptcy.
Any direction or experience offered will be appreciated.
08-26-2008, 11:25 PM
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