jadams
09-02-2007, 04:43 PM
On the date of the UD trial my attorney sent someone else in his place. We were not prepaired for the trial because the attorney was to handle this. So instead of fighting we ended up agreeing to vacate in 3 weeks, with a writen provision that Neither party is waiving any rights to other claims and actions.
We only agreed to this because we have a civil action that was continueing after a Chapter 13 over the validity of the loans for the purchase. My attorney was to go back to the civil court and ask for a TRO. But after hanging us out to dry at the UD hearing I dont have much faith in him. In fact he is not going to be able to go to court and ask for the TRO until the day after we are suppose to be out.
So I had my husband go and file chapter 13, this is not in bad faith because we will need to do this dependent of the outcome of trial. In looking over the paperwork we noticed that on the Signed stipulation it has the wrong address.
When the sheriff comes in 2 days if the bankruptcy does not work in getting a stay will the fact that the signed and filed court papers have the wrong address help us at all.
We only agreed to this because we have a civil action that was continueing after a Chapter 13 over the validity of the loans for the purchase. My attorney was to go back to the civil court and ask for a TRO. But after hanging us out to dry at the UD hearing I dont have much faith in him. In fact he is not going to be able to go to court and ask for the TRO until the day after we are suppose to be out.
So I had my husband go and file chapter 13, this is not in bad faith because we will need to do this dependent of the outcome of trial. In looking over the paperwork we noticed that on the Signed stipulation it has the wrong address.
When the sheriff comes in 2 days if the bankruptcy does not work in getting a stay will the fact that the signed and filed court papers have the wrong address help us at all.