Hearin on Opposition this Wednesday 5/20

[svlehman]

What is the name of your state (only U.S. law)? CA

My contractor filed a motion to reopen his case and amend his list of creditors. I filed an opposition and request for hearing, if which I had not his case would have been reopened automatically.

My question is what exactly am I arguing against in my hearing? Am I trying to argue on why the case should not be re-opened? or why my particular debt should not be included?

I hope this makes sense.

[Dewey]

I remember your case.

I assume you are pro se? I'm not an attorney, so hopefully one will chime in for you....but if you are unable to get an informed opinion prior to tomorrow, my hunch is that your focus is opposing the re-opening of his case. He made a motion to do so, and you opposed that and are getting a hearing on that.

Be sure to have ALL your documentation proving that his debt only came to be AFTER his discharge.

I would imagine the time and place to argue about the false oaths and claims on his schedules regarding your debt, would be an Adversary Proceeding that you would file IF he was able to get his case re-opened and you added. Cosine did mention a good point about that your contractor's statement that the lawsuit existed prior to the discharge yet, he did not list it as a potential asset. Or did he? Do you have all his schedules?

I'm in a sort of similar situation where my debtors filed a Motion to Avoid our Lien.....I objected and requested a hearing. I read the local rules and apparently they are to secure a hearing and send me notice of when and where. I don't think they're going to do that. They don't know what they're doing--they even filed a Motion to Avoid their mortgage Lien!

So I'm wondering, what happens when I timely objected and requested a hearing and the debtors/movants don't follow up?