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Hello guys. New here looking for assistance.

I got a letter from law firm representing discover. I responded and requested debt vaildation. Got card agreement and statements in mail. Later threat to lawsuit. I replied and stated let's go to Jams arbitration. Account in question is $5400. 

Got FedEx at my doorstep. Application for jams and application was submitted by them. They sent the same to jams. Next day they paid $1500 to commence arbitration. 

Got letter to commence from Jams. They also requested expedited arbitration. I had 7 days to response to expedited request. 

Emailed all parties I'm not interested in expedited arbitration. Now we're choosing arbitratiors. I went and retained attorney for bankruptcy filling. I emailed the claimant's of my representation and retainer letter. Discover now has to pay $4000 to move forward.

What do you think I should do from here? All costs are being paid by them and they are moving forward aggressively without any care in the world. 

Thoughts? Any help appreciated

 

Sincerely nada

 

 

 

 

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1.  Discover will go through arbitration to the bitter end, unless there is a compelling reason for them not to.  A BK filing is a compelling reason for them not to. Yes, they will spend tens of thousands to chase a few thousand.  
 

2.  You already have an attorney.  Your attorney is familiar with your specific situation.  We are not.
 

3.  Unless and until you file in BK, you need to do whatever you need to keep the case alive in JAMS.  If for some reason you don’t file BK, there will be a window for negotiation between the time the hearing is billed for and when they pay the fees.   

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18 hours ago, BackFromTheDebt said:

1.  Discover will go through arbitration to the bitter end, unless there is a compelling reason for them not to.  A BK filing is a compelling reason for them not to. Yes, they will spend tens of thousands to chase a few thousand.  
 

2.  You already have an attorney.  Your attorney is familiar with your specific situation.  We are not.
 

3.  Unless and until you file in BK, you need to do whatever you need to keep the case alive in JAMS.  If for some reason you don’t file BK, there will be a window for negotiation between the time the hearing is billed for and when they pay the fees.   

Thank you for responding. I have until the 14th to choose my arbitrator. They keep asking me "who do I prefer, I asked them the same and we're still stuck in limbo. What if it's the 13th and I having heard from them. Do I sent my list to my jam case manager

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On 11/10/2019 at 8:44 PM, Nana2709 said:

I went and retained attorney for bankruptcy filling.

Are you serious about filing BK?  If so, why are you wasting everyone's time and resources on arbitration? 

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6 hours ago, Harry Seaward said:

Are you serious about filing BK?  If so, why are you wasting everyone's time and resources on arbitration? 

If they push me to it yes. I do not want to but if I lose yes absolutely I will. It is not a bluff. I am not ready yet as I need to get caught up on my 2018-2019 taxes before I can file. So time is needed. 

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But you've already retained a BK lawyer. Why would you do that if you're planning to drag the arbitration case out for years? 

It's not "if" you lose. You will lose against Discover. If that's what you're basing your BK decisions on, go ahead and file for BK now so everyone can get on with their lives. 

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At this point, you need to follow the advice of your BK attorney.  

If the attorney says file now, file now.

If the attorney says drag it out, then pick some arbitrators.  It doesn't matter, because you will lose anyway.  

How long does your attorney say you need to drag this out?  

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2 hours ago, Harry Seaward said:

But you've already retained a BK lawyer. Why would you do that if you're planning to drag the arbitration case out for years? 

It's not "if" you lose. You will lose against Discover. If that's what you're basing your BK decisions on, go ahead and file for BK now so everyone can get on with their lives. 

Well. Like stated I need to get caught up with taxes. They hit me when this when I was in the midst of it all then my dad got put into hospice. I'm going to visit him for 2 months before they let him die. Need time. Am I not allowed to ask for assistance? I'm unclear of why the why why why? 

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2 hours ago, BackFromTheDebt said:

At this point, you need to follow the advice of your BK attorney.  

If the attorney says file now, file now.

If the attorney says drag it out, then pick some arbitrators.  It doesn't matter, because you will lose anyway.  

How long does your attorney say you need to drag this out?  

I am going to visit my dad who's on hospice. Need at least 4 months

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36 minutes ago, Nana2709 said:

Am I not allowed to ask for assistance? I'm unclear of why the why why why? 

Arbitration makes no sense unless you're just trying to be spiteful. Any concessions for your personal affairs that you would get in arbitration, you would also get in court. It also makes no sense to hire a BK lawyer when you're months away from being ready to file BK, and don't even know if you're going to file in the first place. 

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4 minutes ago, Harry Seaward said:

Arbitration makes no sense unless you're just trying to be spiteful. Any concessions for your personal affairs that you would get in arbitration, you would also get in court. It also makes no sense to hire a BK lawyer when you're months away from being ready to file BK, and don't even know if you're going to file anyway. 

So what's your suggestion to me? I'm confused? Let them sue me? I'm confused

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14 hours ago, Nana2709 said:

I am going to visit my dad who's on hospice. Need at least 4 months

Well, it will be very difficult to drag out arbitration unless you are actively participating in arbitration.  If you stop participating, either the case will be closed or they will just rule against you.  Either way, you would find yourself in court very quickly.  

Also, a BK attorney could file BK and do all the work for you while you are gone.  You don't have to be there.  Not to mention, if you have any expectations of inheritance, it would be far better to file BK while your father is still alive.  Otherwise any inheritance you get would be taken away to pay your creditors.  If you have already spoken with a BK attorney, I am sure you have discussed this.  

I can't see that tax liabilities are any reason to delay BK either.  But, you have spoken to an attorney already, and the attorney almost certainly has a better idea of the situation than anyone on this board.

If you are certain that BK must be delayed, and you feel it is absolutely necessary to drag things out in arbitration, you should 

(a) choose possible arbitrators right away.  I think you are right at your deadline.  Do that NOW.  Don't miss any deadlines.

(b) File a letter with the case manager, ASAP, of course with a copy to the opposing law firm, stating that due to your father's impending death you are requesting a continuance of the proceedings for 4 months.  

(c) If no continuance is given, then wait until an arbitrator is chosen.  As soon as an arbitrator is chosen, file for a continuance based upon your father's impending death, and you needing to be around to help him.  

 

This way, you will probably get your continuance, so you can deal with important matters, without needlessly wasting everyone's time in arbitration.  

If continuances are denied, then sorry, but the only way to drag things out would be do everything in arbitration, including discovery, by email while you are with your father.  

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15 hours ago, Nana2709 said:

I'm unclear of why the why why why? 

Because we've grown very perceptive over the years, and when things don't make sense, we get suspicious,

 

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11 hours ago, BackFromTheDebt said:

Well, it will be very difficult to drag out arbitration unless you are actively participating in arbitration.  If you stop participating, either the case will be closed or they will just rule against you.  Either way, you would find yourself in court very quickly.  

Also, a BK attorney could file BK and do all the work for you while you are gone.  You don't have to be there.  Not to mention, if you have any expectations of inheritance, it would be far better to file BK while your father is still alive.  Otherwise any inheritance you get would be taken away to pay your creditors.  If you have already spoken with a BK attorney, I am sure you have discussed this.  

I can't see that tax liabilities are any reason to delay BK either.  But, you have spoken to an attorney already, and the attorney almost certainly has a better idea of the situation than anyone on this board.

If you are certain that BK must be delayed, and you feel it is absolutely necessary to drag things out in arbitration, you should 

(a) choose possible arbitrators right away.  I think you are right at your deadline.  Do that NOW.  Don't miss any deadlines.

(b) File a letter with the case manager, ASAP, of course with a copy to the opposing law firm, stating that due to your father's impending death you are requesting a continuance of the proceedings for 4 months.  

(c) If no continuance is given, then wait until an arbitrator is chosen.  As soon as an arbitrator is chosen, file for a continuance based upon your father's impending death, and you needing to be around to help him.  

 

This way, you will probably get your continuance, so you can deal with important matters, without needlessly wasting everyone's time in arbitration.  

If continuances are denied, then sorry, but the only way to drag things out would be do everything in arbitration, including discovery, by email while you are with your father.  

My friend thank you so much. On January my mom passed due to cancer. 4 days later my mom in law passed in her sleep. Now it's my dad's time. So just lots of personal promblem. I'll do everything you have asked for. I've already asked for extension

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11 hours ago, Goody_Ouchless said:

Because we've grown very perceptive over the years, and when things don't make sense, we get suspicious,

 

What's the point in having a site like this if you are going to judge someone prior to understing their position. Not cool really

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13 hours ago, Nana2709 said:

What's the point in having a site like this if you are going to judge someone prior to understing their position.

No one is judging you. Your plan and answers to our questions don't match your stated goals so we're trying to find the missing piece to the puzzle. 

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9 hours ago, Harry Seaward said:

No one is judging you. Your plan and answers to our questions don't match your stated goals so we're trying to find the missing piece to the puzzle. 

May I continue to ask any question or shall I just stop?

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