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    Wilmington, DE

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500 posts and hasn't been banned yet....

500 posts and hasn't been banned yet.... (6/6)



  1. I never got the chance to tell the case to the judge. The opposing lawyer showed up after I was seated, then went up and down the aisles looking for me. During a brief discussion outside the court room the attorney wanted to discuss my reply and then expressed interest in a compromise. Then after briefly attacking my response, he explained the document he filed had a typo, and I agreed. However, I informed him that that wasn't where I planning to go at the podium. Then pulling out proof of the Stay violation which I never disclosed in the Response, he came to the realization that I wasn't just another dumb stupid debtor, but someone who was pretty damned organized. The proof was on a title seach that he had run and copied to myself and the court, and that title search contained all of the details of the Chapter 13 case and when I pointed out that I was going to tell the judge about the continued collection activity and eventually the scheduling of a Sheriff sale with the intention of seizing the property in my bankruptcy estate, etc. , I think at that point a rather bright bulb went off in his head telling him he had now had an issue to contend with. He was perfectly clear he had violated big time and now wanted to make damn sure I wasn't going to be sticking around for the judge. We decided to continue the issue and work-out a compromise, only this time I will be retaining an attorney to be sure all legal options with regard to the case will weighed. The bottom line is the judge after hearing something of this magnitude would have dismissed the Motion because in the end I would have been able to prove not only did the attorney have knowledge aforethought, but that he had acted vindictively and maliciously for months afterward. Going to Superior Court and winning a default judgment months after his own title search revealed the case w/o first Motioning the court is a major Violation of the Automatic Stay and when such events inflict harm on the debtor, lawyers can be sanctioned or disbarred. (He even sent me a copy of that title search report showing that he knew!) So, to those of you reading this post, be aware that if you go to court prepared with a valid argument based on law, you will likely prevail. Before that even happens, the opposing lawyer will probably hunt you down for a little sidebar before you even get your foot in the court room door!
  2. Thanks for your response, however I am not sure what you were communicating. Interestingly, while going through some documents, I discovered while reading the copy of the title search provided to the court and copied to myself from the attorney, that my Chapter 13 case information was on that document when the attorney ran that report in April, 2007 and then sued me the very next month in effect violating the Stay. Attorney claims in documents to the court he was never aware of the case until September, 2007 when I presented a copy of the originally filed petition to Stay a Sheriff sale. (It's a total lie, btw!) If this isn't pathetic, I don't what is! Now the attorney has Motioned the court for official permission to come after me. I am going to have a lot to say to the judge at the Hearing tomorrow. Anyone have any comments on this? LadynRed, are you out there?
  3. I am involved in a situation whereby a Condo Association passed a $10K Special Assessment after my Chapter 13 was initiated, then about a year later and without first going to the court and motioning to lift the automatic stay went to Superior Court and obtained a default judgment thereby also ruining my credit situation with a post-petition judgment. Shortly thereafter my property was scheduled for Sherriff sale, but was removed from the sale when a copy of the bankruptcy petition was presented to the Sherriff. Now, the Condo Association has motioned the bankruptcy court to bless what they did and officially lift the automatic stay so that they can once again initiate proceeedings including foreclosure of the property if they choose that remedy. The Motion surprisingly makes no mention of a Chapter 13 Entry of Appearance and Demand for Service of Papers that their law firm made prior to the filing of the case, nor mention of a previous Chapter #7 case of which this Chapter #13 is a follow-on to. The Attorney is asking for over $6K to file the Motion and the Condo Association has tacked on interest at what computes to 60%! Anyone have any ideas on what to tell the judge at an upcoming Hearing on the Motion this week? BTW, I am a Pro Se debtor. The Condo Association claims they first became aware of the bankruptcy stay after the petition was presented to the Sherriff's department removing the property from the sale listing. I believe my rights have been trampled on to stay the least. Any attorney comments from the Forum? Thanks!
  4. The NSF matter would not be an issue in a complaint. Regardless of what can be asserted, a check drawn on NSF was presented. I would allow a second attempt to clear or reissuance of another check, not a cashier's check. The recipient already has your bank information, so the CC would be a waste of money. The unfortunate side about debt validation is that it may only buy you a small amount of time, often 30 - 60 days. Requesting DV would not stop a lawsuit already in process. It should however, prevent the filing of a lawsuit until reasonable proof has been obtained. In order to prevail in most courts the creditor has to prove the debt to a judge and that is what validation consists of. If they send you copies of your statements from yesteryear along with payment history, etc. that may be plenty sufficient to prove the debt in court for Summary judgment. On the other hand, if they cannot produce anything other than a piece of paper claiming what you owe, chances are slim they could prevail in court. Therefore, you would want to show up to avoid entry of Default judgment.
  5. It would be a waste of postage to request DV at this point. Once a complaint has been filed, the case moves forward until you request a continuance or attempt another legal strategy. Generally, the debt is validated in court; if not, you can argue the other side hasn't proven their case and request a dismissal. People who buy bad debt have come to realization over the past several years that in order to prevail in court they must be able to prove the debt and that typically includes presenting the account history in its entirety. They must also have sufficient evidence the debt is yours. Unfortunately, most judges don't care when of if DV was requested, only that they must be presented convicing evidence when in court. The debtor must be aware of SOL and bring that up as a defense.
  6. CACV is a bad debt buyer and typically NEVER an assignee. They actually acquire not only the debt, but copies of statements from start to finish. (OC's can get more from their debt when they provide all the paperwork and the so-called assignment agreement which may not be legitimate because the debt was post-chargeoff, meaning bad) Should they win, and they DO have an uphill battle, you should not be charged attorney fees and collection costs because they are NOT a holder-in-due-course and the credit card agreement expired at chargeoff. Your attorney should be able to advise you on state laws regarding JDB's. They paid 0.01 to 0.03 on the dollar for your debt, so that should give a clue on where to settle, if you choose to.
  7. Any of you legal beagels happen to know what possible sanctions exist against attorneys who file lawsuits then attempt to execute Sheriff sale against real property for satisfaction of an HOA special assessment while in an a confirmed and operating Chapter 13 bankruptcy reorganization plan? (There was NO prior Motion to the court lifting the Stay!) It appears the lawyer who is a bona-fide collection attorney had knowledgeaforethought of the automatic stay, but proceeded to execute a Sheriff sale for satisfaction of this unsecured debt regardless. When I became aware of the upcoming sale date, I contacted the Sheriff's office; the Sheriff then called the attorney, who hand-carried over a Stay letter stating to withdraw the Sheriff sale because "the court would prohibit such action on a defendant who is in C13 bankruptcy". Meanwhile, he is billing the condo association thousands of dollars in fees for his preumed unlawful services. What to do next?
  8. The Attorney General is representing a governmental entity, not a private creditor, so neither the FCRA nor the FDCPA would have any jurisdiction. Further, this could be a criminal judgment as it could involve court ordered restitution. A lawyer should be consulted.
  9. Nothing wrong with going to the trial. The courts usually earmark 1/2 hour for the duration, so you won't be there long. What your Legal Aid lawyer mean't was that you are judgment-execution proof so to speak as you have no unprotected assets. Let them get a Summary on you and if/when your asset position changes and the plaintiff attempts to execute, simply file a C7 bankruptcy. There is virtually no downside in your situation.
  10. Rather than get bent out of shape, try calling the attorney and request the court action be recinded. Apparently, the court was not notified of the settlement and yours was probably one of many cases on the docket. So, what was YOUR huge mistake?
  11. You didn't mention whether or not the parents agreed to assume liability for the cell phone account originally. If they co-signed then they may be liable for a default. If they had nothing to do with it, then they should simply inform the collector they will not be held accountable and that should end the matter. Is it possible they would rather assume the debt in order to protect the real debtor?
  12. It's hard to decipher your situation based on the information you provided. I'd go with CCCS and file a 13 fairly soon. The income calculation you mention is actually a guideline used by bk districts and not absolute. When filing any form of bankruptcy there will be full and complete financial disclosure and the Trustee along with your attorney, if you retain one will work out the amount of your payment plan. In a 13 filing unsecured creditors are entitled to receive at least what they would gotten pro rata had a Chapter 7 been filed. Trustees at the 341 meeting will require four years of tax returns and at least two months of pay stubs detailing year to date information. From all of this information they will be able to determine your overall situation.
  13. You can make a move anytime. Mortgage bankers are chomping at the bit for new business and are scheming up no-credit products in many flavors. All you really need is a good steady source of income and preferably a 20% down payment and you should qualify for an attractive and not subprime rate. Be aware that bankruptcy records may still surface long after they've dropped off of credit reports. Most lenders don't really care about your baddies of the past; all they want to know is how they will be repaid.
  14. Unifund purchases bad debt portfolios and after they do they cull the list of accounts and go after who they can. They typically will not bother going after accounts out of SOL or consumers who appear overly defensive. The reason being, they have so many other accounts to go after. If you've been summonsed by Unifund, you are probably within the SOL period somehow perhaps having made a recent payment or they think you did. It's unfortunately they exist and their prey goes to funding jet airplanes, luxury homes and cars, and who knows what else in the end for their investors, lawyers and not to mention David Rosenburg himself.
  15. You are asking a lot of strange questions. If you file a complaint you are suing them and they will be compelled to answer the complaint and if need be appear in court. If you that occurs and they produce proof (discovery) you are liable for the debt you could held liable for attorney fees and costs in addition to the debt. Generally attornies send dunning letters with attachments stating you have 30 days to request verification of the debt and that they are compelled to provide you the relevant facts. Once they have done so they may commence collection proceedings. At that point if you are responsible for the debt you know what they have. If not, you will have evidence to dispute the claim in court as well as possible counterclaims.
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