HELP! Clock is Ticking -- ADVERSARY PROCEEDING!!!

[TurnThePage]

Thank you all for the kind comments & support

The Order was sent out yesterday in the mail to the Bankruptcy Court ... it feels surrealistic LOL usually litigation goes on & on, & you never know where the end is. I didn't expect to win @ the conference, I thought I would @ least have to go into mediation with the U.S. Attorney & then maybe try to settle the case .... But this worked out better than I even hoped.

[MrSmithster]

wow congrats, guess we all still learn something on this site

old saying...i try to learn something new each day, only thing is, i forget 2 things...

[asti]

Great! Congrats!

small thought, not wanting to rain on your parade At All
TRYING to Learn thats all!...but can't they just ask for a motion to set aside default judgement due to some 'fact'?

Cathie

[TurnThePage]

They could for "good cause," as according to Federal Rule of Civil Procedure 60(b) .... but it depends on the Judge. The Summons I served said that [the Defendant] "will consent to entry of default judgment if they fail to appear and defend against this adversary proceeding .." Also, since the loan is relatively small compared to most Direct Loans, a cost benefit analysis may show that it's better for the U.S. Department of Education to let it go @ this point, rather than try to fight it and overturn the judgment.

[asti]

thanks, congrats again!

[catleg]

Congrats on your victory, just wanted to add my thoughts.

They may have felt that a loss by default would serve them better than a loss on the record.

Either for risk of setting unfavorable precedent, or, gasp, how bad it would look for an attorney's career in the US DOJ to lose to a pro se litigant.

We live vicariously through your success.

[2005nursingh]

I am in the same situation but I haven't gone to the pre trial meeting yet 4-29-10. I am so happy for you. I know that probably won't happen to me and I am nervous about all the work I have to face, Against Sallie Mae and AES private loans.

[TurnThePage]

http://openjurist.org/

Disclaimer: I am not an attorney and cannot give legal advice; these are merely my opinions about my own experience with the Department of Education in an adversary proceeding.

[sbwebster]

The judgement in turn the pages favor could be due to the fact that he/she is on disability. I think I remember that being one criterion for discharge.

[ColoradoBell]

I just read this and wanted to congratulate you on your victory...against a US Attorney no less.

Not in BK, but in regular state court I've gone up against Goliath many times.
I've won a few...most notably Two at the Court of Appeals level and one that was kinda funny: against 3 lawyers over a water rights issue and two of them were water attorneys. ( I won only due to res judicata, so it wasn't really my doing much at all, but it sure felt good.)

[ColoradoBell]

I just read this and wanted to congratulate you on your victory...against a US Attorney no less.

Not in BK, but in regular state court I've gone up against Goliath many times.
I've won a few...most notably Two at the Court of Appeals level and one that was kinda funny: against 3 lawyers over a water rights issue and two of them were water attorneys. ( I won only due to res judicata, so it wasn't really my doing much at all, but it sure felt good.)