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Everything posted by heartglass

  1. thanks .. I hope some one out there reads this and gets it , to hire a lawyer from the start...I listened to some people on here and thought I could do it , as I was duped by one of those online boiler plate file it yourself companies....it does not work....
  2. I had a lawyer last year and this year , and your comment is what chased me away from here . My case is full of holes the trustee is lying and filed yesterday with the bk courts that she has made a deal with my bank for short sale , it seems according to the bank lawyers no such agreement was made . Also the property is half owned by my ex partner which the trustee has not filed a partition . So please I do not need spanking for the past , I am moving forward ....
  3. here is the update over a year later , this trustee put my property up for sale a year ago ,my bankruptcy was discharged last year. then she pulled it off ,.this year she filed with court to hire a lawyer at 450.00 per hour and filed to relist my property, which she did in May , listing was supposed to expire in dec, the realtor told me it would just die. Yes i hired a lawyer it did not help. Yesterday I get word some one from California made an offer unseen. I have no idea how much, they say its supposed to close in Oct. My business has been there for 15 years if I move it will be killed.I ha
  4. My building is all I have the lender has agreed to keep my mortgage , I am up to date with payments . and my building is co owned by my ex ....If I lose my building I will not be able to make a living .
  5. Back in may 2014 every one said get a lawyer after I had filed pro se , took a while found one she sounded like she knew her stuff when I interviewed her over the phone . We figured out I should file amended financials to stop the trustee from trying to sell my busness bulding . I got 2 more CMA's from reputable realtors which came in at 71,000 to 75,000 .I owed 79,000 at the time of my filing in Dec 2012 . Trustee did not respond to my amendments. Now 3 monthes later she has filed a request for her to hire a lawyer at 450.00 per hour to " assist in the estates administration ." for discreet m
  6. I spoke with an attorney this morning he only reps the banks , said it sounded like I did every thing right , he said it seems the trustee does not understand there is no value in my building ....he has offered to guide me if I need more help ...so I just have to get a hold of the trustee, who is not available until next week.... Thanks for the help
  7. Great every lawyer I call is not interested in a BK in progress ...just shoot me now ! any suggestions ?
  8. I was truthfull with the trustee even when I met with her , it was like a cattle call . I just spoke with the bank and they are surprised , there is no fraud here . Just trying do the right thing the wrong way. I am looking for a lawyer...
  9. Thanks guys I figured out what I did wrong I did not file with the courts the reaffirmations docs ...My building in todays market is only worth 90,000 I owe 80,000 after realtor fees there would be nothing left it makes no sense. My home is in forclosure thats a lost cause I actually put in the paper work that my building will be my residence . Property values are terrible here in Oregon . The bank has allready reaffirmed my loan on which I have a partner on the building ..so on the loan and building I have someone else its a tangled web. Also the courts have disscharged my unsecured debts in
  10. Its a shock to me I had not heard a thing ...and they do this ...it makes no sense , I have put a call into the trustee .I used the homestead exemption on my building the cma and taxes came in at 89,000. so I do not understand what they are thinking ,with what I owe . Also the mortgage is in my name and my ex partners name I have reaffirmed it. I used the federal exemptions opposed to state . does that make a difference?
  11. I filed myself ...I am it , can not afford attorney that's why I filed myself
  12. the only thing I have is my business building according to the tax dept it is worth 89,000 that's what I owe ....I conduct business there .My income works out to about 800 per month , my taxes reflect that for the last 4 years . I filed chapter 7 in Dec and was notified the unsecured debts were cleared as of March. My only assets are my car and business building, car I own value about 10,000 building worth from 80,000. to maybe 110,000. Wells Fargo sent me reaffirm agreement last week .I have never missed a payment. Today a realtor walks in the door with an order from the court saying the trus
  13. Clydesmom & King James take it out side ....you both have been instrumental in helping people in the past , when I first got on this forum I knew nothing and you hurt my feelings by letting me know , I did not understand the law! My feelings were hurt, this is not the place for feelings or emotions or personalities. I got more help and guidance here than anywhere else , I managed to get all the way to trial de novo and they backed down . I could not afford a lawyer so I did it alone with you all...These forums are a wealth of information and courage, Sometimes I could see no way out the
  14. Yep Oregon Sucks , no due process here ...I did the same thing , The court ignores anything you file about JAMS and send you to arbitration . you have no choice. So don't get too worked up pick an arbitrator , start sending requests for admissions, and production , and anything you can think of which is just to drive the Debt collector crazy , who does not give a crap about you . You are just a number to them. pay the arbitrator the rediculous fee of 375 or less if you are lucky , put your case together send to arbitrator , Then you get to show up in person and the debt collector gets to app
  15. Citi Bank ( S& Hammer ) in Oregon , we kicked their butts thank you Huey Pilot and every one in these forums I could not have done it with out you . Here in Oregon its court ordered arbitration and I had to deal with the kangaroo court arbitration it was humiliating. Of course Citi was awarded the amount of 14000. so I filed a trial de novo , it took over 2 monthes to get a trial date for 2014 , then last week I get a notice of voluntary dismissal without prejudice ...they had it dated for Dec 6th . I just recieved my refund from the courts for my Trial De Novo .....IT CAN BE DONE!!!!! Hap
  16. Thank you all for your support it has been invaluable...I filed Bankruptcy Dec 5 , all my debtors have been notified , court cases shut down ...that feels good ....I have not heard from the courts regarding trustee yet. I did the paper work myself just keeping my fingers crossed that I did it right. I went thru a online company which guides you for 150.00 bucks then I went through the state forms , it is a paper tiger but is possible ....I am keeping my fingers crossed I did it right ...Happy New Year Susan .. The paper tiger Queen
  17. Can some one tell me when The pleadings are closed under Oregon law. I have filed my answer with affirmative defenses and the plaintiff has not responded. So I'm wondering when are the pleadings closed or can I do something else to stop them from entering more evidence.?
  18. These arbitrators just want their 750.00 bucks and not disrupt hteir lives....I tried the same thing for an extension ....denied.... the debt collectors keep the arbitrators in business , which is where they lean .... Good luck ..kick some butt...
  19. I need a little help here being sued by two different sets of lawyers, on two different accounts. 1. A law firm in Seattle who claim to be representing Discover Bank, yet in their paperwork they provide no proof of my contract with Discover Bank they do not even provide the actual full account number from Discover Bank. This account was with another debt collector and they claim to have returned it to discover. 2. Suttell in wa. Representing Citibank one an award in arbitration here in Oregon, which I have filed a trial de novo. They did not prove standing. My question is how do I know if it'
  20. I just found this by Coltfan thanks for the laugh ...the JDB asked me questions telephonically , I think the old judge /arbitrator would have had a heart attack if I did this ....
  21. Up date on Citi bank complaint ...went to arbitration ..got my a$$ handed to me , the acting judge ( a really old lawyer) let suttell appear telephonically and allowed a witness from citi to be sworn in on the phone , I had no knowledge of this witness no name before hand , totally sandbagged . I lost it , it was so obvious I was not going to get any where , the judge filed an award the next day for the plaintiff. It was pitiful ...So I have filed Trial de novo Nov 4th ,I have not heard a thing back from the courts yet . Now on to the next ....Discover filed complaint , I
  22. I have a debt collector /law firm suing me for discover , another debt collector already gave up on this one and sent it back to discover. Next thing I know a law firm from Washington state is now doing the collection and filed a complaint. Of coarse I,m in Oregon so it is Court ordered arbitration ,but here's the thing they are supposed to be registered here as a debt collector, rule ORS 697 005 . Can some please translate this as I find the whole thing confusing, because it says that an out-of-town attorney doesn't have to be registered if they're representing a client but on on their websit
  23. Good luck , I just went to Arbitration in Toledo last week , it was a total joke . They had requested telephonic appearance of the plaintiff and their so called witness from citi bank . The Arbitrator swore them in over the phone . pleeeezze really what a farce I knew I was screwed right then. Yes I had filed a motion in opposition to them using the phone it was denied. I have another Arb coming in Dec its just about paying the Oregon money machine , and then you have to file trial de novo ... keep me up to date how it goes for you ...it feels like a total rights violation ... Keep cool ...s
  24. Matt how is your case going .? I just lost in the oregon BS arbitration too I now have to file de novo ...I.d like to compare notes
  25. I met with another lawyer got lots of info , started the course online , he said his fees are 2000 is that the going rate? I did receive good news he was concerned about my business building being worth more than I owe. Yesterday I got my property taxes and they reduced the building assed value to 84,000 , well that's a first, down 120,000 in value so there is no way they will make me sell it. worth less than I owe... So I feel pretty good about that . Thanks everyone for the great feedback...S.