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lisser's Achievements

Impressive 100+ postings

Impressive 100+ postings (5/6)



  1. Closing auditor says this situation won't hold our case up from being discharged and that they typically take a week from the time the check posts. Our check posted on 10/17 so I'm hoping it closes around the 24th and we get our completion report soon there after or at least before Nov. 9th bc that's when we would have to make another payment which I do not want to do. I am looking to buy a newer car towards the end of this year also but will need the title to the one I have now so I can sell what I've got. I'm sure that won't be in any hurry to get to me. Maybe I can call and request it. This is all so new to me but I am super excited to out from underneath all of this. I'm totally geeking out haaa!
  2. I figured that we wouldn't get it back but I can't seem to find anything online when I google the situation. I asked the Trustee's office when we could expect to get our completion report bc our attorney says that we have to continue to pay until we get this. I made sure to pay our last payment two weeks early to try and avoid having to pay another payment. The Trustee's office says it takes them about one week to close cases out. That seems pretty quick. I wonder how long it will take from the time they close us out for us to get our completion report and discharge or is the completion report the discharge?
  3. Hi all, My husband and I have just made our last payment in our five year Chapt. 13 case about a week ago. We are beyond thrilled. During our case we were informed by our Trustee that the check sent by the Trustee to one of the accounts our Trustee was paying on came back in the mail as undeliverable. We got some formal notice from the Trustee on the issue that I didn't quite understand so I called the Trustee's office and spoke to someone who broke it down into English for me of what was going on. The representative from the Trustee's office stated that they had sent a payment to this claimant and it had come back as they had changed locations and there was no forwarding address. So I asked what happens and was told that we continue to pay per our plan and that it was the responsibility of the claimant to notify the Trustee of their new address so they could send payment to them. Here we are years later, at the end of our case and this claimant has never done this so our case has an extra $3305 in it. My question is, what happens to that money? Do we get it back after a certain amount of time? Does the Court get to keep it? I am in Kentucky if that makes a difference. Obviously we would love to have that money back but I won't hold my breath. I won't be surprised to find out that there is some law that says anything left over goes to the Court but I don't really agree with that. I can understand a holding period that the claimant has to file something to retrieve their money but after a certain time, I would say the money should go back to the debtors. Thanks in advance for any guidance.
  4. I haven't searched for any case law on it but if the statute is never used and was enacted in the 1940s, I wonder why they have never repealed it? I wonder what purpose it serves. Once I get my appeal over with and have some free time to search, I just might do that.
  5. I like the idea of requesting a memo of decision. Is that properly done in the form of a letter? I didn't think it was appropriate to right letters to judges but maybe the clerk can tell me how to approach it? I'm wondering Legaleagle, if he/she is talking about the K.R.S. 371.050 and you feeling it was wrong to say it can't be applied in credit card cases? I'm not sure. I've PM'd him/her as requested but not heard back.
  6. When I say case history, I mean the print out the clerk sends to both sides when an appeal is filed. The Plaintiff thus far, has not provided an order for the judge to sign off on. All I have is the docket print out that says Plaintiff SJ granted, Defendant's motions denied. I cannot wait for the Plaintiff to provide an order for the judge to sign as I only have 10 days from the date the judge enters the ruling to file an appeal. The clerk assured me all I needed was the docket print out with the judge's writing on it. The Plaintiff did argue in a brief that I've waived my right to arbitration due to litigation conduct yet the judge verbalized his reason for denying my motion as delay. Delay and litigation conduct are not the same. I do not believe the judge read my MIOSJ memorandum of law and fact even though he said he read both briefs. If he had read my brief there is no way he could have ignored the abundance of evidence I presented that shows the standard for SJ. It was in no way met in this case. I was not able to object to anything. The judge told me today was not my day and gave his ruling. I am appealing.
  7. I've filed notice of appeal last Thursday. I've begun my statement of appeal. This case was in district court so by rule I have to appeal to the circuit court in my county. According to USPS, the Plaintiff was served with my notice of appeal this morning.
  8. All I did was answer a complaint that was served upon me. I can't just ignore it. The rules of civil procedure state an answer must be filed within 30 days of service. This is all the litigation I've participated in. I elected arbitration, the Plaintiff recruited their own arbitrator, I objected via written correspondence as their recruit was not part of the contract terms. They responded that I'm avoiding the claims so I filed a MTC. I elected arbitration once I reviewed the cardmember agreement. I do not see how I can be ruled against based on litigation conduct when you have to answer a complaint against you. The cardmember agreement specifically states that "you or we can elect arbitration even if one party has begun a lawsuit." The contract further states, "all doubts about whether to arbitrate a claim shall be resolved in favor of arbitration." My state has strict guidelines on the standard for a SJ as well as case law that sets the precedent for what a debt collector must provide in order to obtain judgment. The judge in this case chose to ignore all of this which amounts to exceeding judicial discretion. I have ordered a copy of the audio where the judge tells me "today is not your day." I have the case record and it does not say litigation conduct.
  9. I'd like to resurrect this thread mainly bc of this post but also the K.R.S. 371.050 issue. Just to bring this post up to date, I had court on 4/17/12 to hear my MTC arbitration/alternatively stay pending outcome of arb. The Plaintiff filed a MSJ and I filed my MIOSJ. The judge ruled against me telling me "today is just not your day. I view your motion as nothing more than a delay." This judge is a traveling judge bc one of our district judges has retired. This same judge has been removed from high profile cases due to his very "opinionated" public remarks on cases. I've filed a notice of appeal and am working on my statement of appeal as I speak. The Plaintiff's argument against my MTC is that I had waived my right to arbitrate based on litigation conduct yet the judge decided to rule against me on his own accord of delay. The case history reflects a 5 month silence from the Plaintiff from July to November and another 2 month period of silence from January to March yet I am the one delaying. Back to resurrecting this thread....the post I've quoted says that credit card agreements have COL's written in to them. The cardmember agreement I've got (WAMU) does not have a COL in it other than in the arbitration provision where it says governing law is the FAA. Thoughts?
  10. Coltfan, pm me the sites from the dark side!!
  11. Yes, search posts by my name. I think it's called chain of custody.
  12. I'm up against JDB r I v e r w a l k I have a MTC hearing for mid April and they just sent me a MSJ with their hearing on the same day as my MTC. I've been working on my MIOSJ for about a week.
  13. Well done momma!! I'm a KY girl and these JDB attorneys don't know what they are getting in to when they serve us for sure. Keep up the good work!!
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