marquez

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marquez last won the day on March 15 2016

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About marquez

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  1. Thanks so much for your responses. The landlord was aware of the bk before they got the eviction judgment, apparently. My brother called to ask about it and they said they always get the judgment granted, even after tenants file bk. So, I assume @Harry Seaward is on target and that the court isn't concerned that they didn't get the stay lifted formally after the filing notice, since the landlord essentially confirmed as much. I appreciate all your helpful comments. I'll make sure he starts packing asap. Thanks again!
  2. I am helping my brother wade through the bk process (not doing it for him). He filed a skeleton petition for a chapter 7 on Jan 29. On Feb 5th, his landlord's lawyer filed an eviction with the local District court. It was dated Jan 31st, and the notice stated that they had given him a notice to vacate on Jan 9. The Jan 9 notice was just a note from the landlord, not filed with the court, so it wasn't a judgment. The motion wasn't filed with the bankruptcy court, so it doesn't look like the stay was lifted or anything. The notice he received states that he will have a hearing on 02/21. His mee
  3. I took out 6 small-ish private student loans (between 3k and 8k), the original promissory notes dating between 2005-2007. All have since been purchased by NCT. They were serviced by AES for years. Once they became due, I paid every month on all of them, to the tune of 19k total between 2009-2013. In 2013, my co-signer declared chapter 13 bankruptcy and--I just discovered last week--he was able to list the loans from NCT on his chapter 13 bk and listed me as the sole responsible debtor. I found out that my co-signer's attorney included the student loans in his Chapter 13 bankruptcy and that th
  4. So, the show cause hearing was this morning. I'm very frustrated, and I'd love to know if you guys have any thoughts on this. It seems like this judge was giving me a VERY hard time, and I feel like an idiot. The finance company representative did not show up to court to answer the judge's questions about the interest rate on the loan. The rate of the original loan was very high, at 36%. It was a small amount, just 2000 dollars. I was fine with making the payments of 180 and included that in my schedules, and I showed in my paperwork that I could afford the payment, not to mention the car
  5. I filed chapter 7 pro se and went to the meeting of creditors last week. It went smoothly. Then, I had to go to a hearing about two items: 1) my request to have the filing fee waived (judge ordered me to pay 100 in 4 installments, so that's not too bad at all!) 2) approval of a reaffirmation agreement between myself and a finance company who had made a small loan to me with my 2002 accord as collateral. So, that's where my question comes in. The creditor was fine reaffirming. They took my principal + interest (VERY high interest rate) and rolled it into the new principal and called it a 0
  6. He's doing it. I'm not trying to represent him. He's letting me help him file answers, but he's filing his answer as a pro se defendant. I'm doing all of the work, but it's all in his name, obviously.
  7. I'm trying to help my brother with a 33K lawsuit from National Collegiate Trust. The loan was made in 2006. He had a co-signer whose last payment was made about 2 years ago. She is dealing with a suit against her for the same amount, but they have sued my brother separately, so I am hoping his case is entirely separate from hers and that the SOL is an immediate option for defense. Also, I spoke with a lawyer who said Standing should be a good defense, as NCT provides only 2 pages of the original loan doc from Chase & no proof that they own this loan. Lastly, the original com
  8. @nascar I have been going back and forth about it for over a year. I had been fairly set on filing, but I owe less than 20K & my highest debt is 5K, with most of the others under 2K. People have told me it really doesn't make a lot of sense to file in my case. I have managed to keep some things from hitting my report, and a Discover lawsuit was dismissed with prejudice, so I have been biding my time, trying to figure out what to do. I feel very stuck. I would love to file bk, as it seems so much simpler than dealing with all of these. I just get mixed advice, and I'm not prone to making de
  9. @CCRP626 Thanks for the input. I contacted the attorney @CommoSGT suggested here in Ky and he is going to file an appeal on a denial of my MTC with Portfolio Recovery, and said he hopes we can get it to federal court. Really cool guy, and I'm thrilled I found him. He is hoping to get as many good decisions on record so we can have helpful precedents, so I hope this case will be useful for him/me/others. The Cap One situation, however, didn't seem to interest him. So, from what I've read regarding the procedure here in KY, I need to contact the Plaintiff's attorney to ask for an ex
  10. @CCRP626 I didn't get the account until 2012, so it was a couple of years after they stopped doing arbitration, unfortunately. And in Ky, garnishment would far exceed the 50/month I am agreeing to. It's kind of a bummer all around. Let me ask you--since I already missed the 20 day deadline for answering, there's really nothing I can do, anyway, right? And even if I did file an answer, seeing as it's the OC and there's no arb clause, I don't think I'd really have much to work with in terms of an answer. I also am still confused about the judgment. They're going to submit the agreement to the ju
  11. @Clydesmom I saw when I read over the Cap One agreement that arbitration was not an option, which is why I am not sure how to proceed. It seems, especially since it's the OC, that I should settle. So, today, I called the attorney/debt collector who is representing them and they agreed to monthly payments. However, I realize as well that this will not stop a judgment from being entered. I gather that unlike other creditors, a lawsuit from Capital One is difficult to challenge successfully. Do you think a small monthly payment was the right decision? The amount they're suing for is 1879.00
  12. Sued by Cap One and just realized the summons was served on 03/02, so I am actually going to be 2 days late if I do answer. I'm thinking I should settle, however. Representing law firm is a debt collector, but I called and asked them to confirm whether Capital One still owned the debt and they said yes. They are representing them, is all. The amount they allege is 1,879. The amount they'll settle is 1,695. I could not remotely come up with that amount, but they will take 50/month and send the agreement to the judge. My income is INSANELY low, so I don't know how a summary judgment would work w
  13. @CCRP626 Quick question: I went to the Appeal section of the clerk's manual, and it says civil actions have 30 days, but it also lists Small Claims as an exception, and lists the time limit at 10 days: Civil Actions, CR 73.02 30 DAYS Exceptions: Small Claims, KRS 24A.340 10 DAYS I'm a little concerned now. Did I miss the window for appeal? My case is small claims, isn't it? The amount they're claiming I owe is around 1,700 Thanks. EDIT: I think I just figured out the answer. It looks like small claims is $1,500 or under. I thought it was 2,500. Sorry! Thanks for your
  14. @CommoSGT I am actually looking at paralegal programs, seriously! I'm going to have a Humanities PhD soon, which will get me nowhere, professionally, if I want to stay in academia (adjunct teaching is my future, I suspect--poverty-level pay and no time for writing or research). So, with a doctorate in hand, I'm thinking about whether it would make more sense to try for law school (I hear the field has been on the downturn lately and, hence, getting in and getting funded is easier, though job prospects are not as good as they used to be) and whether I would even want to be a lawyer or be good a
  15. @debtzapper THANK YOU for the vote of confidence, and for the suggestions. I am going to campus today, as one of my closest friends a law librarian (didn't even cross my mind to talk to her til you mentioned it!) Filing paperwork this week. I will post as things progress. This crap makes me want to become a lawyer, lol.