Personal Bankruptcy Need Assistance With Bankruptcy Appeal

[jrice]

United States Bankruptcy Court Central District of California

In March of Last year my husband and I filed a chapter 7 bankruptcy. The case closed on 03/06/05. One company objected to the backruptcy stating that we had falsified information when we signed a contract with them to get the loan for a car. Supposedly we told them that we had one debt when we actually had two. The truth is that we did have one debt, but we told them nothing, because they used our credit report. What happened is, we had a debt with a furniture company and this furniture company was later bought out by another furniture company, and of course the name was changed, and this is where they are getting the second furniture company from.

We recently went to court on December 27, 2005. Excuse me for thinking that usually when you file a bankruptcy you are broke. We did not have an attorney, because we could not afford one. The judge ruled in the company's favor, and would not allow us to explain that this was the same debt, but one company was bought by another. We would like to file an appeal. I have printed Form 17 to take to court to file are there any other papers that I should file with that form?

Also we did not get an opportunity to answer the plaintiff's Pre-Trial Order should we still answer that order with our appeal, since we were not allowed to speak on our behalf in court? We filed to answer because we did not receive their mail until two days prior to the trial.

Thank you so much!
jrice

 

[Malibu_Barbie]

Did you attempt to speak in your own defense at the final hearing, and the judge refused to hear your testimony? I would attach any and all documents relating to the furniture company's name change, including any bills or statements from the company, as well as a copy of your credit report at the time of the furniture loan finance (if you have it). If that court allows transcripts of the hearing to be released (some courts do not), then I would order a copy of it from the court reporter. You can call the judge's secretary and ask for the name of the court reporter on that particular date and time, then call the court reporter and request the transcript (this would show that the judge refused to hear your defense).

Please don't miss the deadline to file the appeal, and good luck!

 

[Malibu_Barbie]

Oh, also, if you have any cancelled checks you wrote to the company before and after its name change which reflects the same account number, I would attach those also, but black-out your account number at the bottom of each check only on the photocopies you file with the court and serve on the other parties, so as to maintain your privacy, and bring the original cancelled checks (unmodified) to the hearing on the appeal.

 

[Malibu_Barbie]

****Edit: Ooops, "furniture loan finance" (sorry about the "auto" typo). I wish I could edit my posts.

 

[Michael Wechsler]

****Edit: Ooops, "furniture loan finance" (sorry about the "auto" typo). I wish I could edit my posts.

I've extended the time you SHOULD be able to retype your posts. If it doesn't work let me know. We had to do this thanks to some taking some unexpected liberties...