Chapter 13 Discharged ... But It's Still Not Over ...

[JollyGG]

Deleted my response to hansky as it was nonconstructive and argumentative.

Plus I don't want to sidetrack this fascinating thread by pointless bickering.

Can't wait to hear from FeelingHopeless if the issue was able to be resolved to her satisfaction.

[Boscoe]

I think Hansky and the other negative posters are only trying to get attention. How else can you explain their indefensible positions on this topic? Why be argumentative here?

But lrprn said it best. Keep it up and it won't be for long.

[$$only4ever]

I think Hansky and the other negative posters are only trying to get attention. How else can you explain their indefensible positions on this topic? Why be argumentative here?

But lrprn said it best. Keep it up and it won't be for long.

I used to go to another forum and everyone fought with everyone else. People were defensive and argumentative about everything.

One simple rule for everyone to follow: If you can't say something nice, then say nothing at all. Bankruptcy is stressful enough........who needs the negative posters to add to the situation.

[B12]

I think the moderators do a fine job of responding to negative posts here.

One thing that is very disturbing, though, is the name calling by posters. Do unto others...............

[FeelingHopeless]

Hi everyone ... didn't check in over the weekend ... but it looks like I should've! haha

Just for the record ... I do know exactly how much my attorney is charging. I get a bill once a month that lets me know how much we've rung up in charges so far. My confusion came from questions regarding cases where the losing party pays legal fees/court costs.

This is drawn out ... but my question was this ... if I don't pay the billable hours each month and we win, then the attorney sends their bill directly to the CU and I'm out no money. But if I pay the billable hours each month ... and we win ... how do I get that money back from the CU? Do they pay me ... do they pay the attorney ... and he pays me back?

The first month I got a bill, I asked his associate how this situation works and he said he didn't know ... but not to worry about it. The second month I got a bill, I asked his secretary and she basically said the same thing ... she wasn't positive but that I shouldn't worry about it. So, I asked the attorney when I was there just to be SURE that no one thought I was blowing this obligation off. He said it the statements were just to let me know where we were at.

I'd like to think I have a pretty clear understanding of how things are working ... but I will admit that I come here to ask questions sometimes. I certainly don't expect the members of this forum to tell me only what I want to hear. In fact, I came here months ago to find out if the original title issue sounded odd to anyone ... and it quickly bloomed into the repossession situation we have now.

I can't begin to tell everyone how much I **appreciate** the support. If you disagree with anything I say ... or what's going on with our situation in general ... that's alright. Everyone's got a right to their opinion. But there's no sense in coming here and being nasty or negative. It really doesn't accomplish much ...

And PS - I'm not trying to be coy when it comes to figures and amounts. I'm going to be painfully honest with everyone ... one poster a few weeks back sounded suspiciously like a CU representative and it spooked me a little. I'm leary of posting the actual dollar amounts that my attorney and I are discussing ... but I'll be happy to post specifics once everything is settled. Sound fair? Someone asked for the exact date of the hearing ... I'm not ignoring that question but I left my notes at home. I'll try to log on tomorrow and post it.

You guys are the most helpful, supportive forum online ... and I really can't thank you guys enough for being there. Really ... you're all angels ...

[EveryDayAdam]

FeelingHopeless,

Don't worry about the legal fees. The judge already said that you won. The only question now is how much you're going to get. The Credit Union WILL be paying your legal fees in addition to any other damages deemed fit by the court. You'll likely be getting a nice big fat check to pay for your new car...plus any interest charges...legal fees...etc. The amount remains to be seen, but that's the only question...Either way, whatever amount you get, the credit union will also be paying your attorney's bill as well. The attorney knows this because the judge already said that much, so he's not worried about you paying it now.

[minime]

Hi everyone ... didn't check in over the weekend ... but it looks like I should've! haha

Just for the record ... I do know exactly how much my attorney is charging. I get a bill once a month that lets me know how much we've rung up in charges so far. My confusion came from questions regarding cases where the losing party pays legal fees/court costs.

This is drawn out ... but my question was this ... if I don't pay the billable hours each month and we win, then the attorney sends their bill directly to the CU and I'm out no money. But if I pay the billable hours each month ... and we win ... how do I get that money back from the CU? Do they pay me ... do they pay the attorney ... and he pays me back?

The first month I got a bill, I asked his associate how this situation works and he said he didn't know ... but not to worry about it. The second month I got a bill, I asked his secretary and she basically said the same thing ... she wasn't positive but that I shouldn't worry about it. So, I asked the attorney when I was there just to be SURE that no one thought I was blowing this obligation off. He said it the statements were just to let me know where we were at.

I'd like to think I have a pretty clear understanding of how things are working ... but I will admit that I come here to ask questions sometimes. I certainly don't expect the members of this forum to tell me only what I want to hear. In fact, I came here months ago to find out if the original title issue sounded odd to anyone ... and it quickly bloomed into the repossession situation we have now.

I can't begin to tell everyone how much I **appreciate** the support. If you disagree with anything I say ... or what's going on with our situation in general ... that's alright. Everyone's got a right to their opinion. But there's no sense in coming here and being nasty or negative. It really doesn't accomplish much ...

And PS - I'm not trying to be coy when it comes to figures and amounts. I'm going to be painfully honest with everyone ... one poster a few weeks back sounded suspiciously like a CU representative and it spooked me a little. I'm leary of posting the actual dollar amounts that my attorney and I are discussing ... but I'll be happy to post specifics once everything is settled. Sound fair? Someone asked for the exact date of the hearing ... I'm not ignoring that question but I left my notes at home. I'll try to log on tomorrow and post it.

You guys are the most helpful, supportive forum online ... and I really can't thank you guys enough for being there. Really ... you're all angels ...

I've quietly been reading your thread. All I want to say is you've been through enough and to have to come here where you seek support and have *!?/* make comments about what you spend on a vehicle is uncalled for. Keep your head up andwe all know quality used cars aren't cheap. Good Luck with everything.

[B12]

No need to post any figures FH, just the fact that you won will be sufficient!

[Boscoe]

FH - I will second that. Let's just hear that the judicial system of ours works and that those that thumb their nose at the judges pay a dear price.

Just let us know about when the hearing will be so we will know to tune in and find out what happened. I think your attorney will know what is reasonable for an offer from the CU and what is worth going back to court for.

This will be a real 'Judge Judy' moment if you end up back in court! Best of Luck!

[HeatherB]

FH,

Just wondering if CU has made any offers or even tried to give you figures yet. Are they communicating with you (your attorney) at all?

[FeelingHopeless]

Hi there, Heather ...

I'm a little surprised to report there's no word yet. No contact from the CU at all. I'll admit I was expecting an offer before now ... even if it was insulting low.

I'm not sure what to make of that ... whether they're planning on going to court and letting the cards fall where they may ... or whether they're simply planning to wait until the last moment in the hopes we'll take whatever they offer.

We're still ... what ... four weeks out? I guess we just hold tight and see how it goes ...

[Boscoe]

Hi FH. Do you have a definite date yet for the hearing?
Can you share so we know when to check back for your update?

This boggles my mind that they have not contacted your attorney yet to work something out. Did their attorney think that the judge was kidding when she said "I STRONGLY recommend you resolve this with the plaintiff, or your client will not want to pay the fees that are imposed if not resolved by the next hearing"?

The $$ will be BIG if they blow this off and take their chances in court. This is going to be very entertaining if this happens!

But please let us know the date, ok? Thanks and best of luck.

[B12]

[QUOTE=Boscoe;114318]FH - I will second that. Let's just hear that the judicial system of ours works and that those that thumb their nose at the judges pay a dear price.


Let's not forget OJ, lol.

[EndInSight]

More popcorn please

[FeelingHopeless]

News * News * News

Well, talk about serendipity ... I misplaced my datebook at some point and, after a week of searching high and low, I gave up hope yesterday morning and purchased a new one. (So please don't think I was blowing anyone's questions off regarding our court date ... I was digging through drawers and purses and basically floundering for it myself! haha)

So, off and on yesterday I was made various calls ... trying to get my bases covered to make sure I'm not going to miss anything important. I called my nephrologist ... called checked with my boss regarding training dates ... and, most importantly, called my attorney to find out the exact date of the court appearance.

I told their receptionist it wasn't a big rush ... since our court date is still three weeks out ... but to still have someone call me in the next couple days so I could make plans.

Today ... I got back from break and found a message on my voice mail from our attorney's assistant ... and really, I just thought it was calling to give me my court date.

Nope ... we got an offer.

I can't give figures yet ... but they gave an amount ... and said they were willing to pay it and everyone just walks away. It's not mind-numbingly amazingly wonderful ... but ... I think it's a "respectful" offer ... much more than the $500 they "jokingly" offered that first day in court.

I talked with my hubby and the attorney ... and the only thing I questioned was that I thought it was reasonable that they paid the amount they offered ... AND pay the legal costs. On principal, I would like THEM to have to deal with the bill.

(Wait! Before someone asks ... yes, I could pay the fees out of their settlement ... but I would have little left over ... very little. And after taxes? Well ... again, no figures until we're done ... but I promise that in the end you'll agree we aren't asking for some outrageous amount.)

So ... I asked if we could make a counter-offer ... if we accepeted their settlement ... would they agree to pay all attorney fees and court costs. The attorney said of course ... that we could ASK for anything we wanted ... it's all a matter of negotiation. So ... that's what we're doing.

I'm a little flustered ... hope this sounds coherent. But I just got off the phone five minutes ago and had to come here and share with you guys!

My husband is MUCH more calm about this than I am ... he said to tell them that our offer is the ONLY thing we'll accept ... if they refuse to pay the legal fees, we're going forward with the case. And, if he can be strong ... I guess I can be strong too. haha

I asked what happens next ... they said that either the attorney or the assistant will call their attorney today ... and they may have to talk with their client ... since they're a business they may have to call a board meeting or whatever ... but that they're hoping (hoping) that we can resolve this today.

Everyone ... keep your fingers crossed! We might actually be done with this thing.