girlwonder

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About girlwonder

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  1. Des- I live in Indiana. I had an attorney who represented me. Afterwards she explained the trustee has always taken future refunds when the a filer had a refund of $1000 or more. She advised me to do a workup of what my taxes will be for this year as I don't have a house to claim or any of the deductions that go with it and she will present it to the Trustee. It's not a big deal I use that money to pay my son's college tuition. I don't want my son to come out of college in debt like I was. Whocares1000- Thanks for the information I will research the options this weekend. I see Indiana has a Wildcard Exemption of $9350. Thanks everyone for their assistance.
  2. Thanks. Let me clarify. He is ordering me to file and to hand over any and all Income Refund money I will receive to him directly or he will revoke my discharge. I got a refund of $5,000 last year. He is assuming I will get that much back this year. It is not the case, but I will most likely get a refund. He is going to put the refund in the estate. He made a huge deal over it yesterday...Sorry if I sounded out of line. I haven't claimed any state exemptions as I surrendered anything. I have never claimed bankruptcy before and I am seeking knowledge.
  3. I live in Indiana and I had my 341 meeting today. I have a question concerning the trustee's order to take my income tax return next february. He ordered me to file no later than mid-february and to bring it to the attorney so she can take it to him to the estate If I do not do so he will revoke my discharge. Can he do this? His rationale was due to the fact that I received a large refund last year. He asked if I expected one that large this year I said no because I surrender everything including my house, my car, so I would not get any deductions. I need help as I didn't think he could do this. I did find in IRS Publication 908 Court Jurisdiction Over Tax Matters Bankruptcy Court Determination of tax liability. Generally, the bankruptcy court has the authority to determine the amount or legality of any tax imposed on a debtor under its jurisdiction and the bankruptcy estate, including any fine, penalty, or addition to tax, whether or not the tax was previously assessed or paid. The bankruptcy court does not have authority: To determine the amount or legality of a tax, fine, penalty, or addition to tax that was contested before and adjudicated by a court or administrative tribunal of competent jurisdiction before the date of the bankruptcy petition filing, or To decide the right of a tax refund for the bankruptcy estate before the earlier of: A determination for refund by the IRS or other governmental unit, or 120 days since the trustee properly requested the refund. I also found information on filing a short tax year- filing from the beginning of the year through the day before bankruptcy and then another filing from day filing bankruptcy through end of year. Any help would be appreciated.
  4. It wasnt for credit cards. It was for karate lessons in 2007. The assignment waa written with my son's name not mine. The assignment had no signatures or dates of parties. They submitted a blanket assignment with nothing filled out and the signature of only the karate place. The judfe acceoted it. I dont know how. Its not a valid assignment unless i am way off on this. In indina atlas is licensed to collect. They are a collection agency.
  5. I went to court today against Atlas Collections. The attorney presented an assignment that was in my minor son's name and then attached to the back page was another assignment that was completely blank and signed by the OC but not dated. The attorney stated that it was a blanket assignment of debt and the Judge allowed it. I do not understand why as the first page that had an assignment in my sons name was not signed by any party or dated. I do not understand how the Judge allowed it. I argued that the assignment was in the minor childs name not mine and he said it reverts back to me. Can anyone help me with this. The case reconvenes on 1/3/2013 and want to attack the assignment if possible. This case is being heard in Indiana small claims court
  6. The Summons and suit is in my name, however, the (falsified) assignment is in my son's name. I have countersued for violation of FCRPA as they did not follow the debt validation procedure. They actually ignored my request for validation of debt. I sent a few certified mail requests. I actually pulled my credit and disputed the information with the credit bureau throughout the validation request process. They never indicated to the credit bureaus "consumer disputes" and they verified the debt during the validation request process. I have copies of everything. ****As for yesterday's amended summmons** They actually sued me on 10/9/2012 but failed to comply with the Indiana Small Court Rules as they did not attach the required paperwork (Affadavit of debt, etc.) I filed motion to dismiss for failure to comply with small claims court rules on 10/10/2012. The amended summons has an affavdavit of debt signed and dated 10/2/2012 HOWEVER, part of the affavidavit requires them to pull an active military status report. Which they attached and was dated 10/16/2012....which indicates the affavdavit of debt was "backdated" (falsified). The amended summons also includes the assignment of debt which again is falsified as they "assigned" the debt back in 2009 which indicates my employer (which is my current employer and not the employer I had in 2009). The assignment is in my son's name not mine and there are not signatures or dates signed by orginal creditor or Atlas. I called the Court this morning and explained this to them. Even though she did not feel comfortable discussing these issues, she indicated that she would have the Judge look at the amended claim and let me know whether we will proceed tomorrow for court (as I got the amended claim yesterday) or whether the judge will contact the creditor and indicate the case will not continued based on Small Claims Rules. I want to cover myself I know I need to file a motion to strike the Affadavit of debt but do I need to file a motion to strike assignment and motion to dismiss? I know with an assignment they are not a real party of interest and I indicated that on the answer to complaint but what do I need to do with the assignment? P.S. I see how shady Atlas is......Makes me sick!
  7. I received an amended summons in the mai with an affadavit of debt and an assignment of debt. I know I need to file a motion to strike the affadavit of debt, however, the assignment of debt is completely false. The debt is for karate lessons for my son back in 2007. My question is can I file a motion to strike the assignment? Here is my reasons: 1. The assignment states the account against my son's name not mine and he is a minor. 2. The assignment does not have a signature of the original creditor and the Atlas Collections. All the assignments says is--- for valuable consideration, I hereby assign and transfer to Atlas Collections, Inc. the account against (Minor Child's name) of Gas City, Indiana, evidenced by the annexed statement, together with all my right, title, and interest in and to the same. And I warrant to the said Atlas Collections, Inc. that said accound is just and due and that I have not received any payment of the same, except as set forth upon said statement. No signatures, no witness signatures, no date of signing. Please advise how to handle the assignment.
  8. I received a summons from Atlas Collections on Thursday. I sent a DV letter to them Certified Mail in June and then sent a letter demanding they delete info from my credit under section 809 of the FDCPA in August. They apparently responded with a summons last week. First, the summon listed 3 accounts. Two of which were paid and the third was for Karate lessons for my son in 2007. I live in Indiana and the small claims rules state that in addition to the brief statement, that if based on contract, contract must be attached or if on account an affadavit of debt be attached. Atlas did not do this. I did file a motion to dismiss for failure to comply with the small court rules, however, I feel that I proably need to file an answer to the complaint as I have been researching and noticed that Atlas cannot file a lawsuit when DV was requested (they cannot answer debt validation with a summons). I also pulled my credit in August and again two weeks ago and Atlas Collections never marked the Karate account as "consumer disputed". I just need to make sure I am going in the right direction as I am contersuing under spears v. brennan (Brennan (plaintiff collection agency attorney) violated 15 U.S.C. ยง 1692g( when he obtained a default judgment against Spears (defendant) after Spears had notified Brennan in writing that the debt was being disputed and before Brennan had mailed verification of the debt to Spears.") and for reporting incorrect infor under the FDCPA.
  9. Sorry, it is for a karate contract from 2007. There was nothing attached to the notice of claim other than listing the 3 collections. I filed a motion to dismiss today. I am guess I am going to have to file my affirmative defenses and countersuit. I sent a debt validation letter to the collection company and followed up with a second letter demanding they remove the collection from my account. They responded with a notice of claim. From what I read, they cannot do this.
  10. I am in Indiana and was served a suit from Atlas collections. This was in response to my debt validation letter. There are three things listed. Two collections were paid and the three I requested validation. Indiana small claims court rule 2 (4)(a)( states that in addition to notice plaintiff must attach A brief statement of the nature and amount of the claim; and (a) if the claim arises out of written contract, a copy shall be attached; however, the fact that a copy of such contract is not in the custody of the plaintiff shall not bar the filing of the claim; and ( if the claim is on an account, an Affidavit of Debt, in a form substantially similar to Small Claims Appendix A shall be attached; This was not attached to the notice. Do I need to file a motion to strike notice of claim or do I need to file motion for summary judgement with prejudice. Also do I still need to submit my affirmative defense or do I wait for judge's response on filing error? Any help would be wonderful
  11. I did dispute it with the credit reporting agency and after investigation both remain on my account.
  12. I had a credit card with HSBC in 2007. The account was opened in 2007 and the date of first delinquency is 6/2007. The account was bought by an OC and they have the account opened in 2009 which is two years later. Can they do that. Not only do I have two entries but different dates (which isn't helping my SOL).
  13. Yes, this is the first time i heard from them and there was no 30 day debt validation statement at the bottom of the letter. I had no choice but wake the dogs as i was denied a parent plus student loan for my son. I dont think he can wait 7 years. The statute of limitations in indiana is 6 years. I am positive the account is 6 or more years old. I a. Sending a debt validation letter requesting a copy of the original written contract and payment history.
  14. This is the only letter I have received from them. I am about to shoot them a debt validation letter as it is for karate lessons for my child from 2006 which is way past the SOL. I got the letter after I have disputed the debt with the 3 credit bureau's for the same thing (SOL)
  15. I received a letter from Atlas Collections that states: You delinquent account in the amount of 686.29 is being reviewed for possible suit against you. If we do not receive payment within the next two weeks, your account will be sent to our attorney for review. We are now accepting Mastercard and Visa credit cards. If you would like to use your credit card to make your payment, please call our office with your information. Please note that there will be a $3.95 convenience fee per transaction charde to your credit card for this serviece. At the bottom there is the standard this communication is an attempt to collect a debt. There is nothing regarding validating debt. Isn't this a violating of the Fair Debt Collections Act?