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Notice of Opposition

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Anonymous
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Notice of Opposition

We filed Chapter 7 on 8/8/2017. Our 341 is scheduled for this coming Friday. Today in the mail we received a notice from a law firm stating Exeter and synchrony had filed to oppose. Has anyone else been through this? It shows an additional court hearing for the 21st of September. Exeter holds our van note and we were affirming that so why would they oppose? Synchrony we had 2 accounts with (Amazon and Lowe's). Not sure why they would oppose as those cards haven't been used since at least last November. I was already nervous now I'm on the verge of a panic attack. Just want this all over with.
Message 1 of 6
5 REPLIES 5
Anonymous
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Re: Notice of Opposition

Don't panic. Take a deep breath. Make some tea. Call your lawyer. Most likely your lawyer is gonna say the same things first: don't panic, take a deep breath, (do something relaxing.)

 

Some questions - Are these your only debts? Have you paid any other debtors in the meantime?

 

The best person to answer questions for you before the hearing will be your lawyer... especially ask what you will need to prepare for that hearing.

As for the 341, don't build that up in your head. Mine took about 90 seconds. The main job of the trustee is to look for assets to seize and/or any sign of fraud. If you are clean of both (again, you and your atty know this best) then you are likely going to get through it just fine. Dress cleanly but not gaudily, and act respectfully, and answer honestly. And take some more deep breaths, and maybe take a cup of tea with you. Smiley Wink

Message 2 of 6
Anonymous
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Re: Notice of Opposition

Exeter is our van and we pay it on time, never late. We were reaffirming I even just double checked the petition and it says reaffirm. So why oppose? We have many creditors not just these 2. Synchrony we tried to do an agreement with in January to keep from having to file. We contacted all our creditors to try to get financing charges dropped or a deal made. Some said sure some said no way. Synchrony with the Amazon card tried to work with us and we did make some payments however when we realized the few that were working with us wasn't going to be enough we gave up all together. But no charges have been placed on those cards since last fall. We stopped paying almost all the cards around the same time. Trying to relax.... So hard to do.
Message 3 of 6
Anonymous
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Re: Notice of Opposition

Okay so disregard this. I just went out to pacer and figured this out. Just panicking over nothing. It looks like Exeter and synchrony requested to receive a copy of all notices... The papers were actually just m n t requesting the stay be lifted so they can come pick up our motorhome which we are surrendering. But the other two were named just because they asked for notices. The opposing part was we have to go to the hearing IF we oppose them taking it and selling it. Sorry I'm just a nervous wreck over all this. Can't wait till it's over.
Message 4 of 6
Anonymous
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Re: Notice of Opposition

It's ok. I'm glad it worked out!

 

I was convinced i was going to lose my job.

(It's illegal for them to fire me, and also, my boss said "You can't leave me!")

I was convinced I was going to get kicked out of my apt.

(My landlord has been nothing but understanding.)

I was convinced the trustee at my 341 was going to grill me on everything from here to Antarctica (which would make for some bad grilling) and like I said - 90 seconds - remembering left from right to raise my hand might have been the most arduous part of the process ;-)

 

You name a situation, I'll build it up in my head and it'll turn out to be ok (99% of the time, I did end up in bk!). I understand. 

 

Best of luck at your 341, keep reading here and start to get a rebuilding plan in order. Or some other thing to obsess over - to get your mind off this stuff. :-) Let us know how it goes. 

Message 5 of 6
Anonymous
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Re: Notice of Opposition

341 Hearings are usually very quick and boring.  In and out in 3 minutes.  I attend afew of these each year along with the real friendly bank's attorney where the same person who made off with the few million dollars they took (not loan) and neglected to repay determined to file bk instead of giving us back the money.  In these cases it gets interesting. But while I await our turn at the 341 hearing they click off about 20 of the normal ones in an hour. 

Message 6 of 6
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