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 process will be? (We're in GA.) Our attorney guesstimates 2-3 months. Just wondering if anyone has any personal experiences. Thanks!
  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. Just wondering how long this process typically takes.
  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 is a post judgment request, I just am unsure of what information to simply share and what information I can refuse (in some form or another) to share. This isn't the court compelling me to share information, so I guess I was under the impression that the attorney couldn't simply ask me to hand them my bank information.
  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 case (from Cap One/Hanna and Assoc), so I'm somewhat familiar in how to answer them, but am unsure now because the Discover case did end in a judgment. I put two answers down on items that were requests for docs, not questions. Here are the Post Judgment Interrogatories . . . 1. Provide your full name, address and telephone number. 2. List your current employment, including name and address for current employer. 3. Identify each and every piece of real property titled in your name or in your name, jointly with that of another individual. Please identify all mortgages on said property, listing the name of the lender and the amount owed to each mortgage lender as well as the date of said mortgage. 4. Identify all persons or companies with whom you have an account receivable, including the address and telephone number for each person or company identified. 5. Identify all items of personal property and equipment owned by the (sic) you, including the serial numbers for each piece of equipment identified. 6. Identify all trucks, automobiles, planes or boats owned or leased by you or owned jointly with another individual, including the make, model, year and vehicle identification number. 7. If there is a lien on the vehicle, please identify the lienholder, the amount of money owed pursuant to the lien and the date the lien was incurred. 8. State the name, address and telephone number of the person, persons or company that provide or have provided accounting services to you. 9. State the name, address and telephone number of each and every bank, financial institution or brokerage firm where you maintain a checking, savings or investment account in your individual name, or jointly with another person or in company name, and state the account number for each account identified. 10. List all other current sources of income, including pension, social security, disability, worker’s compensation, unemployment compensation, the monthly amount of any payment from the above sources, how long you have received the payment and how long do you expect to receive said payment. 11. Please provide copies of your individual income tax returns for the past three (3) years. OBJECTION This is a request for documents, not an interrogatory, and is therefore improper. 12. Please provide copies of bank statements for the past three (3) months. OBJECTION This is a request for documents, not an interrogatory, and is therefore improper.
  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 the credit card, leaving a net unpaid balance on the account of $9,xxx. 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. 3. When you applied for the credit card, you agreed to make at least the minimum payment due every month on the indebtedness owing by you on the credit card. This request calls for admission of matter Defendant has denied and thus it is improper. 4. You received the credit card agreement attached to Plaintiff’s Complaint, you understood its terms and conditions and you agreed to abide by the terms and conditions imposed thereby. This request calls for admission of matter Defendant has denied and thus it is improper. 5. You made at least the minimum monthly payments owing on the credit card account for a period of time. This request calls for admission of matter Defendant has denied and thus it is improper. 6. You ceased making the minimum monthly payments on the credit card. This request calls for admission of matter Defendant has denied and thus it is improper. 7. You materially breached the terms and conditions of the credit card agreement, leaving you in material default on the credit card agreement. This request calls for admission of matter Defendant has denied and thus it is improper. 8. You have refused to pay the principal balance due Plaintiff on the credit card. This request calls for admission of matter Defendant has denied and thus it is improper. 9. You owe to Plaintiff the current past due principal balance of $9,xxx. 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. 10. You owe to Plaintiff interest on the past due balance of $4xx. 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. 11. You owe to Plaintiff contractual attorney’s fees on the unpaid principal balance in the amount of $1,035.95. 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. 12. You are legally and financially responsible to the Plaintiff for the indebtedness owing on the credit card. This request calls for admission of matter Defendant has denied and thus it is improper. 13. You have benefited, either directly or indirectly, from the use of the credit card. This request calls for admission of matter Defendant has denied and thus it is improper. 14. You have not been released from liability by the Plaintiff for this debt. This request calls for admission of matter Defendant has denied and thus it is improper. 15. You did not dispute any of the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement. This request calls for admission of matter Defendant has denied and thus it is improper. But then I'm unsure how to answer the last few . . . 16. There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer. 17. You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect. 18. You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff. 19. You have no defense to this lawsuit.
  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 wondering if my answers could be similar.
  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 billing statements, etc. NOTHING with my name on it anywhere in the complaint attachments. (Does that make sense? I know I'm just repeating the same thing. Sorry!) Since they've now provided at least the account number on the next documents/requests, should I just acknowledge the debt? Am I obligated to provide some sort of answer? (I understand that no response or an affirmative response indicates that I accept the debt or agree with their allegations.) I'm not sure what you mean by date of default . . .??
  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 and all documents that would support that you disputed charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement. 6. Produce copies of any and all documents that you assert would support a denial of any Request for Admission of Fact that you deny. 7. Produce copies of any and all documents that would support any defense, claim or contention asserted by you in your Answer. 8. Produce copies of any and all documents that support your contention that the amount claimed by Plaintiff is incorrect. Thanks for any help you can offer!!!
  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 you contend have knowledge of the facts which evidence or tend to support the denials, assertions and allegations as set forth in your Answer, stating for each such person his or her name, address, telephone number, and provide a brief statement of the facts as to which each such person has knowledge. 6. Identify all documents, by title and date, which you contend evidence or tend to support the denials, assertions and allegations as set forth in your Answer, and provide the name, address and telephone number of the current custodian for each such document. 7. State with factual particularity the basis for your denial of any Request for Admission of Fact that you deny. 8. State with factual particularity any charges you disputed within sixty (60) days of their appearance on your monthly statement, the basis of any such dispute and identify all documents that support any such dispute. 9. State the amount you contend you owe Plaintiff and describe how you calculated that amount. 10. Identify all documents or other tangible things which you believe prove, support, or constitute evidence of any fact or circumstances supporting Defendant’s answer. 11. State each and every fact upon which you based your denial of the indebtedness claimed owed by the Plaintiff. . . . continued . . .