I filed for chapter 7 Bankruptcy and I had a creditor object and file for a adversary proceeding. The credititor loaned me money for a modular home which had a promissory note and a ucc security agreement. However he did not file the UCC security agreement any where, and I had not paid him any money. I missed the trial date because my lame attorney told me the case was for 10 days after the court date.
The judgement came down hard and the opposing attorney added claims and requests that were not part of the orginal claim.
My question is two fold:
Should I risk a motion for relief from default judgement and reopen the case and set a new trial? opening up the case so the plaintiff can add their claims?
Or go to the damages hearing to agrue the added complaints were not on the orginal complaint. will the plaintiff's attorney be able to add the claims and requests that were not included and be awarded those damages as well.
What type of arguments can be made for not including claims and requests on the original complaint?
The judgement came down hard and the opposing attorney added claims and requests that were not part of the orginal claim.
My question is two fold:
Should I risk a motion for relief from default judgement and reopen the case and set a new trial? opening up the case so the plaintiff can add their claims?
Or go to the damages hearing to agrue the added complaints were not on the orginal complaint. will the plaintiff's attorney be able to add the claims and requests that were not included and be awarded those damages as well.
What type of arguments can be made for not including claims and requests on the original complaint?