ORDER SETTING FINAL HEARING RE: DEBTOR'S PETITION AND/OR MOTION FOR A HEARING TO SHOW CAUSE (MIDLAND CREDIT MANAGEMENT, WETSCH ABBOTT, AND KEVIN ABBOTT)
PAUL KILBURG, Bankruptcy Judge
This matter came before the undersigned on November 30, 2004 at 9:15 a.m. pursuant to assignment. Midland Credit Management was represented by attorney Ryan Tang. Debtor Paul Kramer appeared pro se.
The Court finds it necessary to set a final hearing on Debtor's Motion for Hearing to Show Cause and Recast Motion as it relates to Midland Credit Management, Wetsch Abbott and Kevin Abbott, and Midland Credit Management's Resistance thereto. Neither Wetsch Abbott, P.L.C. nor Kevin Abbott appeared at the November 30 hearing. During the hearing, Midland Credit was unable to respond to Debtor's averments regarding the basis for the debt underlying the Dubuque County lawsuit which Debtor asserts violated the automatic stay herein.
The final hearing is set to make a determination regarding Debtor's allegations that Midland Credit Management, Wetsch Abbott and/or Kevin Abbott violated the automatic stay by filing a state court lawsuit in Dubuque County. The Court orders that Kevin Abbott shall personally appear. Midland Credit shall be prepared to document the debt underlying its Dubuque County lawsuit against Debtor.
The final hearing is set for:
January 12, 2005 at 9:30 a.m. at the Bankruptcy Courtroom, 425 2nd Ave. SE, 8th Floor, Cedar Rapids, Iowa.