adversarial proceeding

[Meh]

Why does your attorney think you still may lose if you fight the charges?

I am not sure. I'll talk with him more on Weds. I think he just doesn't think it would be worth my time to fight it when my legal fee's make come up to 10-20K including discovery etc if i could settle for a few grand and give them back the motorcycle.

[hereforinfo]

e. "

That one is the most troubling. Their interest in the motorcycle should have been protected by your insurance policy, but they allege you misrepresented information to the insurance company which resulted in denial of your claim which would have paid off the loan. Since the insurance company did not pay, the only party who was harmed was the credit union. You were required to insure the vehicle, and technically you did not. That's why this is their issue and not the insurance company's.

Why didn't the insurance company pay?

[Meh]

"Count Three

Defending obtained a loan for the purchase of a motorcycle and title was to be issued with plaintiff as Lien holder. Defendant, shortly after the transaction reported the bike stolen. Defendant’s insurance carrier would not pay the claim for the alleged theft of motorcycle because defendant misrepresented info in the policy application. Wherefore plaintiff requests judgment declaring the sum of 577.09 to be non discharbale. "

That one is the most troubling. Their interest in the motorcycle should have been protected by your insurance policy, but they allege you misrepresented information to the insurance company which resulted in denial of your claim which would have paid off the loan. Since the insurance company did not pay, the only party who was harmed was the credit union. You were required to insure the vehicle, and technically you did not. That's why this is their issue and not the insurance company's.

Why didn't the insurance company pay?

Insurance didn't pay because the bike was registered to me but I was not listed on the policy at the time it was stolen. I had been listed previously but was removed and the policy was in someone else's name with me as a rider.
I don't fully see how the credit union was "harmed" when they got their payments on time, without fail despite the fact that insurance never paid out. Then they converted it to unsecured, raised the interest rate and I still pay the payments on time every month. The only person harmed by insurance not paying out was me, the one who was paying for something he no longer had possession of.

The insurance company would have paid the actual cash value of the motorcycle, that would not have been enough to pay off the loan.

[music12]

i was told by one lawyer i consulted with (but didn't eventually hire) that he does bk law because it's *so* easy. 99% of the time, all they do is fill out a few forms, send someone to the 341, and that's it. for that, they get between $1,500 and $2,500. this is very easy money. my point it, it's very possible these lawyers are just lazy. they want the easy money, not the hard-earned money. they don't like AP's because for that they actually have to work hard. and they probably have little experience with AP's because they are so rare. i think that's why your lawyer is trying to push you to settle. it has nothing to do with the strength of your case.

anyway, i've had a lot of awful experience with the (non-bk) court system going both pro se and with (lazy) lawyers. if it were me, i'd settle and be done with it. my worst mistake was seeking justice from the court system. i learned that the chances of getting justice from the courts is almost zero and the emotional cost and time spent are both exorbitant. i'll never do it again. justice should be sought in general, but the court system isn't the place to do it.

[Meh]

Im not going to make a decision based off of emotion (im still very pissed off). I need to do whatever is best for me. I am hoping that once my attorney gets all the documents needed to show that I had nothing to do with the theft, he will answer the complaint and file a motion to dismiss and hopefully the judge with bite and I can be done with this and get a decent nights sleep for a change.

[Meh]

***UPDATE***

First, I want to thank you all for the support and opinions you provided. This place was heaven sent as far as I am concerned, Im not sure I would have made it through my BK a sane person if it weren't for this place. As far as the AP goes, here is what happened. I agreed to mediate and met with CU's rep/attorney with mine at the mediation place (BK COURT HOUSE). They were basically putting everything on the rent to my mom. They stated that I lied and it was fraud because the signatures on the statements i gave stating i didn't pay rent didn't match. They didn't math because I signed one for my mom when she had burned her writing hand and the other she signed (these were for different loans). They stated they would depose my mom and expose my fraud unless i reaffirmed the debt... Long story short, i called my mom on the phone whilst in mediation and told her what they told me, she told them that I had her permission to sign the statement in her stead and that she would be happy to repeat just that in court should the need arise. To avoid litigation i went ahead and reaffirmed 5K of the debt and that was that. The motorcycle wasn't even an issue, i still have it. It's been one year post discharge and I am moving forward. Finally feeling that sigh of relief everyone said I would feel after it was all over and done.

[LaurieM]

Oh give it a break.... whoever gave this gentleman those loans should be fired. Clearly the lender did not exercise due diligence when advancing the loan. I was a lender for years. Do you think I did not check out what ppl said in their loan applications? If someone had told me they were not paying rent, I'd have asked for a letter from the Mother indicating that was the case. Typical modern day creditor behavior... trying to blame their crappy lending practices on the clients who apply for the loans instead of the lenders they put into the jobs, without training them properly.

When these creditors call our firm to confirm representation and attempt to give me attitude about why our clients aren't paying and have opted to file bankruptcy, I tell them straight out - examine your lending practices... I, for one, would never have granted these ppl the credit. You reap what you sew.

[Meh]

Ironically, the young lady who was the loan officer at that branch of the institution in question has been let go... More and more I am starting to think that Karma does exist!

[tobee43]

Ironically, the young lady who was the loan officer at that branch of the institution in question has been let go... More and more I am starting to think that Karma does exist!

oh...it does...and it's so sweet when we can view it during this lifetime. oh...the small things we find that make us happy nowadays..