Time limit for Judge's decision?


P

PEG

I've had an adversary proceeding (pro se) pending (CT) since 12'02 re
dischargeability of a marital settlement agreement.

After waging a 7 month battle over discovery evasion I finally had a
supposed 'trial' date. When my day in court arrived the judge, who was in an
obviously foul mood, announced he would not hear any of the evidence he had
told us the previous month in an in-chambers conference that we would have
to proceed to trial to present.

Instead, reversing his in-chambers decision, he said he would take the
agreement and make a decision on the papers to decide if we would need a
trial. His reasoning was opposed to any case law I've been able to find,
including his own oft-cited cases.

I was told that he has an indefinite period of time in which to make this
decision. My question is: if that is true, is there nothing I can do except
to wait until he's good and ready?

I've written him a letter (which was filed) requesting an expedited
decision explaining that since it's already been over a year since the
petition was filed and my ex stopped his payments to me that I am now buried
in debt I cannot pay and am at risk of losing my house. The clerk told me he
doesn't even read those letters.

I received Relief from the automatic stay earlier, and am trying to begin an
action in the state court (NY), but lawyers I've talked to so far tell me
that I must wait for a decision in the Bankruptcy case before I can know how
to proceed.

It's been 2 months so far since the bankruptcy 'hearing'. It seems blatantly
unfair that I be forced to just sit with my hands tied.
 
Ad

Advertisements


Ask a Question

Want to reply to this thread or ask your own question?

You'll need to choose a username for the site, which only take a couple of moments. After that, you can post your question and our members will help you out.

Ask a Question

Top