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Everything posted by Methuss

  1. You can exempt up to $18,450 in a chapter 7 in New Jersey on a home if you live in it. You cannot claim homestead if it is an investment property. If the house is in you and your friend's name then you will loose your interest in it. Your friend may have to come up with half the value of the condo in order to keep it. btw. You will get more responses if you use good grammar. Most experts here skip over posts that are written so badly that they are hard to follow. Just some advice.
  2. Methuss

    My Midland Case

    Well I didn't say you cannot appeal based on the Judge making an error as a matter of law. It's much like dealing with police... don't argue even if you know you are right. It will only cause more trouble. Just go through the motions and take it up with the next higher authority.
  3. Methuss

    My Midland Case

    Okay people, simmer down a bit on this. I will agree you do what the judge says to do in his court and don't argue about it; but it is not necessary to point that out with all the subtlety of a wrecking ball. Personally I think the judge is being rather lenient in at least telling the pro-se litigant what he needs to do to correct the issue. That in itself is toeing the line of special treatment. The judge is supposed to be impartial and simply rule on what is put in front of him.
  4. That's a normal forclosure complaint after bankruptcy. Now what you need to be on the lookout for is if the house was in a Homeowner Association. According to the BAPCA BK law changes, you will be stuck with all HOA dues from the date the bankruptcy was filed until the Deed of the property is out of your name. HOA dues are attached to the property, so as long as the Deed is in your name the HOA can still go after you for it. Once the Deed transfers to the bank, then the HOA can no longer go after you for it as you are no longer the owner of the property.
  5. Oh you deserve a Hannibal for that one: "I love it when a plan comes together" And you didn't even have to shoot randomly with a mini-14.
  6. Florida is fairly generous (compared to other States) on consumer protection. Yes, Florida requires debt collectors to be licensed. Lawyers and law firms are exempt from that requirement. Florida has a statute of limitations of 4 years on credit card debt (open ended accounts). If they sued you after 4 years has passed from the last payment made, you have an affirmative defense. If the debt was fraudulently conceived, you have an affirmative defense. If not, there is not a lot you are going to be able to do about this. Being unemployed is not a defense. And trying to draw out the process with motions and discovery is only going to make the judgment against you even larger because they can pass on legal fees to you as part of the judgment. Maybe you will get lucky, but based on your posts it looks like they have enough to win. Contrary to popular belief, civil court is not "innocent until proven guilty"... that is only criminal court. In civil court the complaint is prima facie true unless you can show differently. The burden of proof is simply what the judge believes to be more likely true than not. If you are legally liable for the debt, your best course of action is to show up in court and plead no-contest. Object to any onerous legal fees to reduce the cost of the judgment and then go home. If there is no money to take they are just going to sit on the judgment until you get re-employed and then go after funds then. Right now you need to minimize how much this will cost you, not try to trick your way out of it.
  7. Bankrupted trade lines are unpaid, so the 7 year rule applies.
  8. Dunno if you are relying on caller id (which may be spoofed) or what is in the recorded message but Focus' number is 877.362.8766
  9. There is no need to send a DV letter. That only confuses the issue and makes you out to be uninformed. Keep the response concise. Send a letter stating that the alleged debt is past statute of limitations and to cease and desist further collection attempts and activity. State clearly you will not be paying and that any attempt to bring suit will be met with the affirmative defense that the statute of limitations has run along with counter claims for violating the FDCPA. Once you have stated that you know the debt is beyond the SoL if they take further action they violate the prohibition int he FDCPA about taking actions they cannot legally take and for misrepresenting the amount and legal status of the debt. The dunning letter sent already contains a number of violations of the FDCPA by demanding payment before the 30 day DV period has lapsed creating an overshadowing claim as well as for threatening to "do whatever is necessary to collect this amount" which implies collection even if the claim is no longer valid. But, save this information as a trump card.
  10. check to see if Michigan uses the Uniform Commercial Code. If so, did you receive a copy of the sales report for how much the vehicle was sold for at auction? Under the UCC they have to give you this within 30 days of the sale of the vehicle or they waive any claim to deficiency.
  11. Number one the education plan you are following is foolish. What you should do is get your core courses out of the way at a community college as a resident which costs much less. Under the portability guarantees between colleges the credits transfer. This reduces the first two years of school to less than a single year at a non-resident university. Then you do only the courses you have to for the desired degree at the more expensive institution. All that crap that colleges and universities spew about having to do it all under one place is just that ... crap. The final degree paperwork doesn't show where you did your core classes; and frankly no one really cares except the big universities that want you to pay 30k a year for Algebra 101 etc. Be smart, don't let your kid or the schools determine how YOU spend your money. If your kid is driving this insane plan to go off to out of residency, expensive university then you really need to sit down and throttle that back to reality.
  12. I had to go through a rather extensive review of my BK to be approved for an employee honesty bond just 3 years ago. Had I not been able to show that it was a true hardship, and not simply dumping debt, I would have been disqualified and my job offer as a systems engineer from a large credit union would have been rescinded. A guy coming through the same job last year was rejected because of a BK that he could not show was justified by hardship. Unfortunately with all the crap in finance lately, they are much more strict than they ever were before about your financial background if you will have access to sensitive systems or records. In Biotech it is much the same. They don't want someone working on a new medicine formula selling research data (positive or negative) to the competition. It comes down to the current thinking that people with bad credit and bankruptcies are more likely to leak secrets for money.
  13. As long as you never plan to work a job that requires a security clearance for your entire life. And I am not talking about military jobs, but plain civilian jobs like biochemistry and physics. You're not going to get a science job at the Fermilab collider or Merck with a BK on your record. Nor can you get a job in finance where you have to have an employee honesty bond. Many government jobs also are out, such as working for the FDIC or FEMA. Most people don't realize that a bankruptcy can disqualify you from even the lowest level of security clearance and it does not go away...ever. It may not be on a credit report after 10 years, but it is a permanent record stored in the National Archives.
  14. To answer your employment question JSTEELE... look into starting a MSP (Managed Service Provider). If you have a good automation tool you can manage the PCs for a few vetrinary clinics and the occasional law firm and make a good living. Six figures and up if you are a principal owner. Startup costs are relatively low.
  15. Normally I would tell you to stop paying unsecured debts and the house if you are dead-set on filing bankruptcy, save as much as you can until the bank forecloses, then file bk; but that will cause problems with the rental application. A BK will pretty much lock you out of large managed properties for a year or two and you don't want to tank you credit score too much because of a rental app on the horizon. Small-fry landlords would be more forgiving but will demand larger security deposits. In your case you are probably better off negotiating a lease and file BK a day or two before you sign the lease. That keeps the lease out of the bankruptcy and the landlord never sees the bankruptcy during the application process. It just give you the extra time to save all that extra cash.
  16. I sure as hell have my bad days. Just ask anyone at the office that has seen me dying of decaffinization.
  17. Most people won't like my answer to this. Firstly people have to get out of their "I exist so I deserve whatever I want" attitudes. People don't deserve cars, or boats, or even a house. If you want something you have to learn to earn it. Capitalism and democracy can work with each other. The problem is a certain party in government thinks democracy means wealth redistribution. That is not so. When the government takes what you earn in order to give others that is a degree of social-ism and we have all seen how the great Soviet experiment with that went... it collapsed because it is unsustainable. Now that is not the same as government insurance like unemployment where your employer pays premiums to fund the program. Where that gets out of whack is when employers with high turnover are not paying a proportionate share and are relying on the government to fill the gap. And also, keep in mind the USA is not a democracy despite that word being tossed around. The USA is a Republic of seperate States. In a democracy everyone has an equal say in government -- and I am sure you realize we don't. A Republic is where you have elected representatives acting on behalf of others. I could go on but this is probably plenty to think on as is.
  18. You are splitting hairs here. If you never told them (in writing) not to contact you at work then there is no FDCPA violation for that, although the robo-callers with all that "hang up if you are not so-and-so" is a load of crap. That tactic is still making its way through the court system last I heard so there is no firm case law prohibiting it that covers all jurisdictions. So far the collectors are losing those cases in every court that hears a case about it though. The winning arguments is that it is disclosing the nature of the call to third parties in violation of section 805b because they rely on people not listening to the message, which is totally unrealistic. If it causes you problems at work you may have something in the way of actual damages.
  19. And get yourself a pay-as-you-go phone. Drop any others. This will allow you communication without having a huge mobile bill and if a creditor manages to get hold of it you can easily drop the number and get a new one. Virgin mobile is only $35 a month with text and data; and uses the Sprint network so it's pretty reliable.
  20. You can file under chapter 13, yes. But your understanding of the law is a bit off. You cannot receive another discharge for 8 years. So all a chapter 13 is going to do for you is stop penalties and possibly interest and stuff you into a 5-year repayment for 100% of what you owe. Essentially you force the creditors into a 5 year no-interest repayment plan.
  21. I hope the attorney didn't say that.... Contempt is failure to follow a judge's order. Sanctions are the penalties imposed for an act of contempt. It can be monetary, more strict orders to follow, or loss of rights (jail). And yes all that can happen in civil court too.
  22. You have to look at all your mortgage documents and may have to send the RESPA letter I have posted in a sticky elsewhere in the forums to find out if you are dealing with a servicer or not. Even if US Bank originated your loan, they may not be the actual lienholder if they collateralized the debt and sold it like stock to a mutual fund. The lienholder then would be the fund that bought your debt, not the actual bank. The bank then becomes a servicer and the fund (and the investors in that fund) is the one that looses in a default.
  23. Dave Ramsey actually put this into simple terms that make the problem obvious during a recent blog post. Most people can't comprehend the numbers the government throws around so he mashed it down to real-life terms: If the US Government was a family with an income of $50,000, they would have $366,000 in credit card debt (the national debt) and would be spending $74,000 a year, putting $24,000 annually on that credit card. Those are some very scary numbers.
  24. The Payday loans will be discharged. You will probably not be able to discharge the insurance liability judgment. This debt was caused by an injury your husband was found liable for and unless you live in Wisconsin you were breaking the law by driving without liability insurance. If you commit a crime and hurt someone in the process that is almost always non-dischargeable. Allstate will fight like hell -- and they have some seriously ruthless lawyers -- to ensure you do not get a discharge on this judgment they have. It's what insurance companies do.
  25. Technically true. But (and there is always one isn't there?)... It's not the bank you have to worrry about... it's the servicer if different than the lienholder. Servicers have their own staff of lawyers, appraisers, etc. They rack up the bills and they get first dibbs on whatever the house sells for with those fees. Hell some of them even have their own real estate agents that buy the house for $100 at the auction (if no bidders) and then sell the house for market rate. Remember the lender/lienholder only gets what the house sells for at the auction! Servicers have no interest whatsoever in keeping people in the house. They make way too much money by foreclosing instead. And not to put too fine a point on this... This is what happened to me just a few years ago. Servicer foreclosed even though I was current but upside down on the house in BK7 and there was nothing I could do about it. In the end the house sold at auction for $100 due to no bidders. The lender got screwed and the servicer resold the house themselves at a $170,000 profit.