What is the name of your state (only U.S. law)? Arizona
I filed a chapter 7 bankruptcy as well as an adversary complaint against my student loans. The student loan company never responded and I received a default entry against them. After filing paperwork to get a default judgment entered, the student loan company hired a law firm to try and fight it. The law firm filed a motion to have the default entry set aside, and I filed an objection.
We ended up having a hearing in front of the judge and the judge denied their motion to set aside the default entry. However, the judge said that before granting a default judgment and discharging the student loan debt into the bankruptcy, I needed have a "prove up" hearing. The judge wants me to provide my medical records to the opposing counsel (law firm for the student loan), but said those medical records are to be kept in confidence; the opposing counsel agreed. The judge said that the opposing counsel should review the records and then basically recommend to their clients not to pursue as long as what I have claimed appears in the medical records (which it does).
I called the opposing counsel to figure out how they wanted me to send my medical files over (judges request), and they said whatever is easiest for me because as soon as they get the records, they will forward them over to the student loan company. The law firm also said that they expect the student loan company (servicer) to then forward the records over to the company that actually loaned the money (e.g. Sally Mae).
I am doing this on my own as I can't afford an attorney, but I am having some big issues with this now. To my understanding, this was not the intent of the judge. Also, this is not intended to be "discovery" in anyway because they technically already lost, but this law firm seems to be treating this like discovery.
Is there anything I can do or file to make it clear that my medical records are not going to be copied, forwarded, then copied again, forwarded again, etc., and sent all around the country. The way I understood from the judge was that the opposing counsel was going to review the records to make sure all is in order as I stated in the original filing of the adversary complaint.
I filed a chapter 7 bankruptcy as well as an adversary complaint against my student loans. The student loan company never responded and I received a default entry against them. After filing paperwork to get a default judgment entered, the student loan company hired a law firm to try and fight it. The law firm filed a motion to have the default entry set aside, and I filed an objection.
We ended up having a hearing in front of the judge and the judge denied their motion to set aside the default entry. However, the judge said that before granting a default judgment and discharging the student loan debt into the bankruptcy, I needed have a "prove up" hearing. The judge wants me to provide my medical records to the opposing counsel (law firm for the student loan), but said those medical records are to be kept in confidence; the opposing counsel agreed. The judge said that the opposing counsel should review the records and then basically recommend to their clients not to pursue as long as what I have claimed appears in the medical records (which it does).
I called the opposing counsel to figure out how they wanted me to send my medical files over (judges request), and they said whatever is easiest for me because as soon as they get the records, they will forward them over to the student loan company. The law firm also said that they expect the student loan company (servicer) to then forward the records over to the company that actually loaned the money (e.g. Sally Mae).
I am doing this on my own as I can't afford an attorney, but I am having some big issues with this now. To my understanding, this was not the intent of the judge. Also, this is not intended to be "discovery" in anyway because they technically already lost, but this law firm seems to be treating this like discovery.
Is there anything I can do or file to make it clear that my medical records are not going to be copied, forwarded, then copied again, forwarded again, etc., and sent all around the country. The way I understood from the judge was that the opposing counsel was going to review the records to make sure all is in order as I stated in the original filing of the adversary complaint.