Paradise954

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About Paradise954

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  1. I have two pending / open lawsuits filed against me by Asset. I received my BK discharge in October, which the debt claimed in these two cases was included. The cases are still showing as open and pending. How do I get these cases dismissed? Do I need to file Motion to Dismiss? Any advice is appreciated. P954
  2. Does not the rejection of the lease nullify it in its entirety? Making is essentially worthless (meaningless) in terms of LL recovering such things as termination fees? For example, in my chapter 7 no-asset BK, I rejected my AT&T cell phone contract which was a two year deal with a $350 termination fee if I cancelled. Upon speaking to AT&T's bankruptcy department they advised me that the contract was null and void and they could not collect any termination fee, basically there was nothing they could enforce from contract as it was dead upon rejection. (they promptly cancelled my cell phone service). Seeing this is an executory contract by nature, as is a residential lease contract, would not a residential lease be worthless upon rejection?
  3. Yes and then scold the defendant for using the law to protect themselves to defeat these bogus lawsuits filed by JDB... when it is these judges and attorneys writing the laws and setting precedents for their use.... doesn't seem right for judge to scold a defendant for using those laws to protect themselves.....
  4. $950.00?? What slime.... stand by as you will begin to get all the help you need......
  5. I would say almost forget discharging the student loan debt. You would need to prove with the court that paying those back would cause extreme financial disaster. As I understand it, this involves a separate hearing and you would have to go in front of the court to file this action and state your case. You would have better luck discharging tax debt owed to the IRS. I filed Chapter 7 using an attorney and recommend that people use an attorney, but to each their own. My case was rather involved and wouldn't have risked messing something up with my filing Pro Se. The Means Test will look back on the last 180 days of income deducting various expenses, etc. Here is link to Florida Means Test... just choose your county and fill out to see how you sit (pass / fail). It is pretty reliable gauge to see if you will pass, but highly recommend you let an experienced BK attorney handle this as when mine was done, there was a lot of things that I did incorrectly.... more of the fact of truely not understanding HOW to enter the info for the MEANs test. Experienced attorneys now how to work the test. http://www.legalconsumer.com/bankruptcy/means-test/state.php?st=FL Remember, the Means Test is in place to determine if you will qualify for Chapter 7 ... if not, you will go Chapter 13. Because my lender would not negotiate any deal on a reaffirmation, I decided to surrender my vehicle in my BK and as far as buying a car goes, I just took delivery of a new car this weekend. Financed it with Cap One Blank Check program at better rate than my existing car loan. I was approved 22 days after my discharge. While still paying a higher APR than someone with stellar credit, I had to put nothing down and they financed the deal ($30k) 100%. If you or your spouse has decent income, chances are you won't find it too hard to get back into a new car with financing. ** I dont recommending reaffirming anything** Just my two cents. Remember, once you file, you are protected by the automatic stay and nothing will happen with the car. Just drive it and save the $$. DO KEEP IT INSURED. The lender would have to motion with the court to seek to get the the automatic stay lifted in order to repossess the car if you surrender it. My lender didn't take any sort of action until after the discharge. They wouldn't even talk to me about it. Good luck and don't feel so bad.... things happen, even more than once, that are out of anyone's control. PS.... I am not soliciting for them, but I am in Florida too and had a great attorney. In south Florida. Did a great job on my case. In case you need a good referral. Also, dealt with major, national auto dealership here in So. Florida and can refer you to them as they really helped with the financing of my car. They were great and really worked to get my financing finalized and into a great car. Even before I had my Blank Check documents from Capital One.
  6. @jq26 Check this case via Google Peggy A. Miller v. Chateau Communities, Inc.
  7. @WhoCares1000 Good point. Thanks. I did send polite letter. See my earlier post. Check this case regarding post-petition rent and BK. Case was here in Florida. Curious of your thoughts. Google the following: Peggy A. Miller v. Chateau Communities, Inc.
  8. @WhoCares1000 Note: my case was chapter 7. No asset case. First, spoke with attorney and was advised most importantly that they cannot sue me for any amount above my security deposit. So if they attempt to collect above that, they may very well subject themselves to legal problems. I was advised by my attorney that I have to dispute under state tenant/landlord law for their claims of damages they are trying to offset against the deposit for the cost of repainting the apartment and charges to replace entire carpeting. What is important to note here and part of my argument with their offsetting for the painting and carpeting replacement is that 2 weeks prior to us vacating this apartment there was an electrical fire caused by the failure of the air conditioner which resulted in smoke damage to the apartment (walls and carpeting included) and my personal belongings. The LL never offered nor took any action to correct the damage resulting from the fire (cleaning, deodorizing, etc). I'll just leave it at that. They technically can offset for post petition rent but seeing we paid rent until the time we elected to reject the lease, nothing there to offset against as we vacated at that time. They are trying to offset for some "concession" charge (can not locate any clause in the lease agreement which provides their right to this) and charges for a lease termination fee which totals one month's rent which I opinion is not proper and requested proof from them to prove their legal right to do so without violating my discharge order and 11 USC 524. I will just wait and see what they come back with. Also, I think some of the laws you discuss below main pertain to commercial, non-residential bk? I have read same. Look more at residential leases as I believe there are differences between the two types, no -residential and residential leases? To answer your questions.... Deposit was for one month rent...we had five months remaining and moved out at time of rejecting said lease...... At the end of the day, I am well content with losing deposit, but had to dispute certain claims of damages and let them prove their legal right to do so. My language in my letter was cordial and polite. No threats. No finger pointing etc etc as that would get me no where. I just stuck to the facts of the matter and clearly explained my reasons for disputing their claims pursuant to state tenant/landlord law.
  9. Mailed off my dispute letter today so I preserve my right to dispute the LL attempting to keep my deposit. While ultimately their right to do so, at least by my disputing it, it places them in a position to respond and prove their right to offset for charges against my deposit. Just the point of the matter with me. Not so much the money. Just want them to know that I am not rolling over as this is the same crap they pull on everyone that moves from there. We have befriended others who have lived there and for those who completely fulfill their lease obligations still face harassment with bogus charges and their attempting to keep every penny of a resident's deposit. Example, a nice couple that lived in my building, lived out their lease, gave the required notice and then ended up being charged $1,300 for repairing nail holes and painting of the apartment?? I saw the final statement. I had been in these people's apartment and their place was very clean and kept tidy. That was just BS what the LL did to them. They wouldn't fight it as they felt not worth their time.... so they lost all their deposit. $1,200.
  10. Fee waived for first year ($19) and 0% for first 12 months.
  11. Applied with Cap One today for their Platinum credit card and approved for $1000! It has only been 21 days since I received my discharge, Ch. 7. Cap One was IIB. Small credit line to start, but it is a start and so soon after BK.
  12. Thank you for the input and I fully am aware of their predatory nature in knowing that I cannot file for another 8 years.... just amazing that these companies will attempt these things and take advantage of those that may be in a bit of a bad situtation... and if debtors just emerging out of BK will run out and fall for these predatory lenders, then they will be right where they don't want to be.... I will deal directly with reputable dealerships and only accept terms that are advantageous to myself. Otherwise, I pay cash and not deal with all the nonsense.....
  13. @despritfreya Thanks for the input. To answer your questions... Yes the security depost was listed and listed as exempted. Believe me, I had a great attorney and have no doubt that my case was handled with my best interests in mind. My case is closed (Discharged and Final Decree ordered end of October; hence the Trustee released from any further duty in administration of my case which was a no asset Ch 7 case) ....and seeing my attorney followed the BK law and left me entitled to not having my deposit offset by discharged debt, then I want my money that I am entitled to back. Sounds simple enough....although, as you pointed out, it may not be. Do note that the case was declared a no asset case Ch 7 BK and the notice of the 341 meeting stated that creditors were not to file any proof of claims.... The LL was listed under both the schedule G and on the creditors matrix.