jims86lxihb

Federal bankruptcy code is very specific about what you cannot walk away from. Crying, hey he elected arbitration isn't one of those things. Your ok.

Oh I know, I filled JAMS Jan 22nd. Pretty sure they got their part of the JAMS paperwork sent to them by JAMS and presto they file AAA Feb 5th. Let the games begin.

pm CALAWYER and ask him to look at this thread and if he can give you his imput. follow the link below and pm him http://www.creditinfocenter.com/community/user/53879-calawyer/m

We're still on the same page. Totally agree with the content your your pm to me and what you've said above.

If this is a debt discharged by bankrupcy why do we care about anything other then how to kick it out of court as such?

Hmmm thanks. Do you know what state?

The court order only covers the stay of preceedings. No order exists to compel arbitration into one forum or the other. H&H sent me a CM-180 form along with a AAA arb application. According to my research H&H filed the CM-180 to advise the court that they filed the AAA docs (and to attempt to intimidate me,...yawn ). Because of the stay, filing the CM-180 suspends any obligations that the plaintiff's attorney ordinarily has to prosecute a lawsuit in a state court in a timely manner. I filled my JAMS papers Jan 22, Citi has filed AAA on Feb 5th. I know for a fact JAMS has mailed docs to Citi and H&H. I will confirm my JAMS fee waiver was granted and send notice to H&H/Citi of this fact along with notice that JAMS is my forum of choice. I will also notify them that I refuse to participate in AAA.

I was told by a clerk on the phone then when they filed for the hearing with the court, that they were told they could not attach the proposed order. They were told to redo the order. When they showed up for the hearing, they still did not have the rewritten order. As of yesterday, no order has been submitted to the court. HOWEVER, I picked this up yesterday at the clerks office. LAW & MOTION MINUTES: EXPARTE APPLICATION AND REQUEST FOR STAY OF PRECEDINGS HEARING APPERANCES: PLAINTIFF:CITIBANK WITH ATTORNEY JAMES PADRON SPECIALLY APPEARING FOR MICHAEL HUNT (rental layer ha ha) DEFENDANT: YOURS TRUELY (NP)[not present] CASE REGULARLY CALLED FOR HEARING: The court find that the defendant yours truely is not present and there is no opposition. THE COURT ORDERS: The Exparte Application and Request for Stay of Preceedings is granted. Order is signed and executed ^where above it says, "Order is signed and executed" it's a checked box that could have said, but did NOT,..."order to be submitted" or "___________to prepare order" p.s. I was handed the file by the court clerk to review. The original proposed order(s) was attached to the papers with the filling for the ex parte hearing. It was unsigned.

First off, thank you very much for your post. I sure didn't know about the rules. Let me make sure I understand this correctly. H&H sends me the proposed order. I then can object at that time. Correct? Is my objection limited to the choice of words or can I object to the level of the core issue,.....my 2010 cardmember agreement with affidavit nullifies there use of a 2009 cardmember agreement presented without a affidavit.?

Oh kay. I called the clerks office again just to make sure. They confirmed the judge stayed the trial. On the other matter about citi requesting a motion to compel arb with AAA they do not know. Turns out then H&H filled the motion last week they were told that they could not have the stay request and the demand for AAA arb on the same paper. So, either the Judge denied the request for AAA arb or he approved it. Won't really know until the plaintiff rewrites the order papers for the judge.

When is sunk in that I had missed the hearing, my mind did drift to the thought of what if they moved to a SJ. They could not have done so since that was not a issue before the court, they would have to of had it listed among the motions for the hearing.

We were on the same page, until I up and missed the hearing (see post# 8). I had a statement typed up and ready to go to address just that.

No worries, just want everyone on the same page. It's all good.

I cannot believe this. Showed up at 3pm and waited and waited. I finally asked one of the security guys what the delay was. Hearing was at 10am,......I missed it. I just cannot believe that just KNEW it was 3pm. Note to self, don't just look at the time once. I called the clerks office and all that shows is the stay being granted (no timeline mentioned btw). No mention is made of the attorney for citi's proposed order to compel arbitration with aaa. Does that mean that the judge actually read the file and saw my affidavit for the 2010 agreement and disallowed their request? What are the chances that he did allow it and a clerk simply hasn't put it in the computer? Does the court or plaintiff have to mail me something about the hearing results?

bikeluver43. Its the other way around. I'm using the 2010 agreement. They are using the 2009 agreement.