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About chicamarie

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  1. Just to put a final nail in this BK coffin, I thought I'd post with an update, that the trustee finally gave up his quest to get the money that I paid to the IRS, and agreed to drop his threats of filing a turnover motion or pursuing a claim against me, or my husband. He had even asked for and gotten an extension for the date by which claims had to be submitted, so I was still freaking out. I was also becoming concerned about the value of my home. His lawyer lives near me (in a giant house) and home values are ridiculously inflated, so I thought maybe they were going to question my homestea
  2. He doesn't have a federal tax ID or anything. He has a CCB license with the state but that's just a license to be a contractor and doesn't apply to his business or tax status. I don't even think he has a DBA listed with anyone.
  3. I posted this on my original thread but got no replies so I'm trying a new topic. During the BK hearing the trustee latched on to the payment I made to the IRS with cash I had been sitting on in case of emergencies. We got into a mess in 2009, husband lost his job, tiny kids, no cash, etc, credit cards, and I lost a lawsuit in February which is why the BK. So when I inherited a little bit of money in 2012 I just put it in a cashier's check in a safety deposit box and sat on it so I knew we would have cash if necessary. I am filing singly by the way - spouse is not filing. I was honest
  4. Also, FWIW, I felt completely profiled by the trustee at the meeting. My lawyer's other clients were ahead of me: one woman who was doing BK for the second time, who had given her ex-husband, who still lives with her, all her cash right before the BK, smiling as she said it, and the trustee didn't bat an eye; a couple who had racked up debts at all manner of places (no judgment) and looked pretty relaxed about the whole thing. And maybe because I have a job, and a house, and because my debt isn't super sky-high, he grilled me, and latched on to the tax thing, and was basically salivating.
  5. So now that it's been 3 months since I filed, and I've had my meeting with creditors and the trustee, there's a new problem. It came up at the meeting, with the trustee, but he's just now acting on it. Before I filed, I had some money I had been hanging onto in case of emergencies, that I had inherited in 2012. I was pretty afraid to be completely cash poor, like we were when my husband lost his job, we lived off our credit cards, ended up in this mess, etc. But, of course I had to get rid of it so I did it in the approved ways - I made an IRA contribution and I paid our 2013 taxes. My h
  6. I agree with @BV80 as to making him explain why he thinks he can prevail with the SOL defense in your case. I'm thinking there must be more to the story? Also, it doesn't necessarily matter that you filed your answer already. Even if you didn't bring up any defenses in your answer, like standing, you will use what comes out of the discovery period and the documentation they do or don't provide, to make your case. All of these apply whether or not you stick with your lawyer. If everything goes as it usually does, you will soon receive Requests for Admission and Requests for Production o
  7. I wouldn't fire him! Since he's the one who lost that SOL defense in the previous case (I'm familiar with him and the case), he wouldn't be offering the SOL as a defense if he knew it was a loser, and he certainly knows more about how his argument will be received than we would. He's a good guy, and I think he wouldn't take your case if he thought it was a slam-dunk for the plaintiff, IMHO. But, also, it's your money and your case, so you do get to choose whether to be represented. I will say that I don't know of many lawyers in Portland who will defend any collections lawsuit these days
  8. Just FYI - I don't think potential employers can check your credit unless you are applying for a job that involves large amounts of cash handling or other forms of intense financial activity. There are federal rules enacted in 2012, I think. And if they do check your credit, they have to notify you, and there are serious legal ramifications if they do so without going through all of the hoops. Here in Oregon we have passed a bill that basically doesn't allow them to check your credit at all, unless the job falls under exceptions for certain financial institutions. You should check your
  9. Where did you find this info? I did some searching around but couldn't find anything.
  10. Of course they did 1099 me for the balance after settling, which would mean I could come back at them via the tax problem created when the balance is lower than what they 1099'd me for.
  11. The letter says they "purchased" this account from US Bank. And actually now that I read this letter more closely, it says that CACH has credited this amount to my account, which is now the CACH account. It says "If this credit results in a credit balance to your account, a refund check will be sent to you." So, if we settled this account for less than the balance due, are they required to send me any refund? I can't imagine they would be legally required to although there must be some rule about that somewhere. Weird. Although I'd love to get paid by a JDB any way I can. So far I've
  12. I received a letter today from CACH, everyone's best friend, and was sure it was something bad. Back in April of last year I actually settled an old US Bank CC account with CACH because I had just been sued by Unifund and hadn't found this board yet. I panicked when I realized I might have two lawsuits on my hands and it was very small compared to the other account. So, I made it go away. In any case, the letter says that new information about the account has surfaced, that I was overcharged by US Bank as far as interest added, and that any amount calculated to have been overcharged would
  13. Yes, all the same. When I pointed out, in my MSJ hearing with the arbitrator, that the link/assignment of the OC account between Pilot and Unifund could not be proven by the documents they produced in discovery, the JDB lawyer said "all of PR's accounts are assigned to Unifund." And the arbitrator said "ok" above my objections. I guess all you have to say is that it's true, and then it's true.
  14. @ I just lost my lawsuit with DNG (same plaintiff and OC) and declared BK as a result, but I'm not saying that will happen to you. I WILL say, however, that the amount they are suing you for will dictate how hard they will hang on to this case. Oregon's mandatory arbitration is almost a guaranteed win for the plaintiff/JDB/DNG, so they really have nothing to lose by looking over your answer and pleadings and just shrugging them off as they move forward with their case. Not saying you shouldn't fight, of course, but they are not easily intimidated by the defendant's pro se efforts, even i
  15. Ouch, @shellieh98. That would be my concern. I'm prepared for the worst but I also know I can probably slide into a Chapter 13 if I have to, although I would rather not!