adversarial proceeding

[shabam]

I see, so really count four is the main one. Count one is standard. Count two is grasping straws if they are going on the rent alone, as you continued to make nearly 20 months worth of payments. However, they may try to show that you took out loan 2 and 4 at a time when you were insolvent. Count three is interesting, what do they mean the insurance refused to pay?

Did you exaggerate your circumstances in any of the applications? Unless you are now paying $1K in rent, I highly doubt they can use it as a misrepresentation. How do they prove you were paying rent? Unless you lied about your circumstances on loan 1 and 3, I wouldn't worry about those. A large bank would be hard-pressed to pull that off, how is a little CU going to do it. You also have the police report about the bike, so it's not as if you hid it.

[music12]

it doesn't sounds like they have any piece of evidence against you, only allegations.

the only thing might be the insurance refusing to cover something, but that's an allegation that you misrepresented something to the insurance, not to the credit union.

[shabam]

Based on the details you provided, it sounds like they want you to be scared and settle with them prior to going to court.

[Meh]

That's what it sounds like to me too. But I don't feel fear, im pissed off. Their facts are wrong. November of 2008 is when they converted the loan from secured to unsecured. I purchased the bike in november/early october of 2007 and paid on it for a year until they decided to cnovert from secured to unsecured. I feel like my attorney is going to try and push me to settle and give up the bike but I don't feel like they can prove anything they have listed. I don't feel like I did anything wrong. I don't feel like i lied. They know how much I make, i gave them copies of my paycheck stubs, they are housed in my office and are a sub company of my employer. It's a CU that is ONLY for employees.

[poorold]

I don't understand why you consider assisting your mother with bills when she was short of cash the same thing as paying her rent.

You had no rental agreement or legal obligation. They were voluntary payments on your part.

[Meh]

Mainly because she called it rent. She call and say "im going to be short, can u pay me rent this month"? so I just became accustomed to calling it that but thinking about it, you're 100% right. There was no contact until i moved out in may of 2008 into my own apartment where i paid my own rent

[shabam]

Regarding the forth point, did you end up amending your petition and listing the asset? They could have get you on that. Furthermore, the UST could take an interest in the case as potentially concealing assets. I have seen cases where following a AP, the UST becomes aware of something and then pursues the debtor for dismissal.

[Meh]

I didn't personally update anything, but I did put my attorney on notice and I was told they they did ammend it asap. I want to say that the asset was ammened probably around the same time that the AP was filed. I was notified that the bike was recovered on 8/17. I picked it up on 8/18 and notified my attorney of the same on 8/18. We were having problems coming up with a value for the bike given the condition etc so that may have delayed it being updated, but I assume it was updated. Where in pacer should I look to see if it was added?

[Meh]

The more i talk to my attorney, the more I see he want to settle this or charge me 200 an hour to defend it and i still may lose. Is it possible to retain another attorney at a different firm for the sole purpose of the AP or even rep myself at the AP?

[shabam]

Anyone of those is really an option. Obviously each with their own pros and cons. Defending yourself is doable but certainly no walk in the park.

If they amended it, you would see it in pacer by clicking on "docket report" and then run the query. Any amendments are clearly stated.

[OhioFiler]

The more i talk to my attorney, the more I see he want to settle this or charge me 200 an hour to defend it and i still may lose. Is it possible to retain another attorney at a different firm for the sole purpose of the AP or even rep myself at the AP?

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

[Chowder]

That AP looks like a whole lot of nothing. Appears to be posturing to scare you into a settlement of a grand or two.

[Meh]

Anyone of those is really an option. Obviously each with their own pros and cons. Defending yourself is doable but certainly no walk in the park.

If they amended it, you would see it in pacer by clicking on "docket report" and then run the query. Any amendments are clearly stated.

Ran that report, and there was no amemdment which is to no fault of my own because I put my attorney on notice plently early enough. Hopefully my attorney and the CU's will be able to clear that up.

[Meh]

Im thinking of representing myself. I don't have the money to pay 200 an hour and I really feel like they have no case at all. I have proof the bike was stolen and proof that it was recovered over 75 miles away from my home. I really feel like the only thing they are grasping on it count 4.

[mysticspirit25]

my question is why the insurance didnt pay???