GAMama4

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About GAMama4

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  1. We just got the wonderful news that our BK has been discharged AND closed. What a huge relief!! Our next concern is the house. We did not reaffirm the debt on our mortgage, so I know that they (Chase) will now have to start foreclosure proceedings. I'm wondering if they are able to notify us and post in the paper in November, how long we'll have in the house. I'm trying to figure out our next move, and how quickly we'll have to make it. When Chase does foreclose, how quickly will we be made to leave the house after the actual proceedings on the courthouse steps? Any ideas on how long this p
  2. Thanks for the reply, Denita! Very interesting about the different types of foreclosures. Our attorney has guesstimated about two months after we file. I'm just such a literal person, it's hard to not know exactly when all this will happen. I need to learn some patience!
  3. Thanks, Denita! I did some additional research while waiting to hear back from our attorney. Looks like there are a few lawsuits/cases against WF for this very action, but long story short, yes, they are still freezing checking accounts. Our attorney has advised us to open a new account ASAP.
  4. We're filing BK (this week or next -- still finalizing docs with our attorney), but not reaffirming our mortgage. We've received a foreclosure notice for July 3, but that should be stopped once we file BK. (right?!) So in light of that . . . how soon can we expect the mortgage company to move forward with foreclosure after we're discharged (praying that happens!)? And literally, how does that work? We're still in the home, but looking to rent. We'd really benefit from being able to gather some funds together for rent and moving though, so having a bit more time in the house would be helpful.
  5. Hi! We're about to file for BK, probably this week. I've been reading through this board and came across a post about Wells Fargo freezing checking accounts the day after a person files bankruptcy. The post was from 2010, so perhaps the policy of WF has changed, but I'm a bit freaked out by this. Can anyone say from more recent experience if this is still happening? And how long does the freeze last? Ah! Any advice is appreciated! Thanks!
  6. Our bankruptcy is a bit complex as it involves our personal loans to a business that failed, and it just goes on from there. We're a big mess, and thus the BK. There is a chance our attorney will have it filed by Monday, but I just want to play it safe and answer in a timely manner. (Although my attorney suggested that I could call the plaintiff's attorney and ask for an extension . . .maybe that makes more sense?) My confusion on the interrogatories is that on the other interrogatories I was able to deny certain claims since Cap One/Hanna hadn't shown any proof of certain claims. Since this i
  7. Hi! I received a judgment against me in favor of Discover Bank in early January. I'm unable to pay, and my husband and I are in the first stages of filing for bankruptcy (paperwork is with our attorney; hope to have it filed in the next month). On May 1, I received a letter from the attorney for Discover that I was being served with Post Judgment Interrogatories. I'm unsure how to answer these since I'm now post judgment. (Also, I'm a stay-at-home mom. My name isn't on the mortgage or car, but is on our joint checking account.) Any thoughts? I've already answered interrogatories on another ca
  8. Thanks very much for your help, Legaleagle! I'm guessing if amnesia isn't a legitimate defense, I can't argue "mommy/pregnancy brain" either. There's gotta be a law about that somewhere!
  9. I'm also working on submitting my own request for documents. I'm assuming I provide copies of all of my responses to Hanna to the court as well. Yes?
  10. Awesome help, Legaleagle! Thanks so, so much! I particularly like your response to Request 9. I've been working on responding to the Admission of Facts as well. Thoughts on the following responses: REQUEST FOR ADMISSION OF FACTS 1. You applied for, and received, a credit card account No. xxxxxxx from the Plaintiff. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of this allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 2. You made purchases or received cash advances using t
  11. Yes, that's our plan, but we're unsure on timing. Also, our BK attorney has basically said this isn't her area of expertise, but that I should respond so that it "buys us more time" before filing the BK. I already have a judgment against me in another case in magistrate court from Discover Bank, btw. I tried to post a link, but I don't yet have 20 posts, so this site won't let me post links yet. I've been trying to read through everything, especially in the section with sample forms. I was checking out brjmhome6's post on "Start To Finish Winning Against Midland Funding Aka Jdb!" I'm wonderin
  12. My last payment was Sept. 2010. So do I just admit to knowledge of the account? I don't have all of the docs they are requesting, so do I simply say that? And do I need to supply the state court with my responses? I just feel a bit lost as to how to properly respond.
  13. Thanks for your response! My initial response denied their complaint because it provided no information on any account I may or may not have held with CapOne. I may have misunderstood our bankruptcy attorney, but she suggested I deny the information since they provided no proof of debt, no account information, no proof that I even had a debt with Capital One. My initial Answer denied the complaint because they didn't provide me with any specific information regarding the alleged debt. Basically, I received a complaint with amounts, but no account information like account numbers, copies of bil
  14. REQUEST FOR PRODUCTION OF DOCUMENTS AND NOTICE TO PRODUCE 1. Produce copies of any and all correspondence which in any way pertain to this action sent to, or received from, Plaintiff. 2. Produce copies of any and all documents signed by you and/or Plaintiff pertaining to this action. 3. Produce copies of any and all documents deemed by you to constitute a contract or agreement between parties. 4. Produce copies of any and all checks or other forms of payment used to make payments on the underlying contract either made by you, or made by any other party on your behalf. 5. Produce copies of any
  15. PLAINTIFF’S FIRST INTERROGATORIES 1. State with factual particularity the basis for your denial of each allegation in the Complaint that you deny. 2. Identify all documents that you assert constitute the contractual agreement(s) between the parties. 3. Identify the number of payments and amount of every payment made toward the underlying contract by you, or made by any other party on your behalf. 4. Identify all documents and/or correspondence either sent to, or received from, the Plaintiff or any of its agents or predecessors in interest relevant to this matter. 5. Identify all persons whom y