Thanks, guys ... still waiting ... I think I'll call the attorney again today and ask ... I'm getting antsy.
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Chapter 13 Discharged ... But It's Still Not Over ...
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Okay, everybody ... here's where we're at. I called the attorney yesterday and talked with his assistant. We still have no paperwork in regards to the settlement ... and our court date is tomorrow, November 7th, at 9 a.m.
The assistant suspects that the CU's plan is to have the attorney show up tomorrow morning and have us sign papers before the judge calls us. Well, I have a HUGE issue with that because it shows a total lack of respect. I agreed to this settlement ... what ... two or three weeks ago? And now I'm going to have to take time off work to go stand outside the court room and sign papers? I was livid ...
So, Tim said he'd call and find out what's going on ... and if we don't sign anything before our hearing, we're asking for everything. We can at least tell the judge that we, in good faith, tried to work with them ... and they blew us off after we accepted their settlement offer.
I'm nervous again ... but I suppose in about 24 hours, we'll see where we are when the dust settles ...
I'll log in and update just as soon as I know something either way ... hang on guys ... we're almost there.~~~~~~~~~~~~~~~~~~~~
Filed Chapter 13 - March, 2003
Discharged - April, 2007
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Originally posted by FeelingHopeless View PostOkay, everybody ... here's where we're at. I called the attorney yesterday and talked with his assistant. We still have no paperwork in regards to the settlement ... and our court date is tomorrow, November 7th, at 9 a.m.
The assistant suspects that the CU's plan is to have the attorney show up tomorrow morning and have us sign papers before the judge calls us. Well, I have a HUGE issue with that because it shows a total lack of respect. I agreed to this settlement ... what ... two or three weeks ago? And now I'm going to have to take time off work to go stand outside the court room and sign papers? I was livid ...
So, Tim said he'd call and find out what's going on ... and if we don't sign anything before our hearing, we're asking for everything. We can at least tell the judge that we, in good faith, tried to work with them ... and they blew us off after we accepted their settlement offer.
I'm nervous again ... but I suppose in about 24 hours, we'll see where we are when the dust settles ...
I'll log in and update just as soon as I know something either way ... hang on guys ... we're almost there.
Just remember that no matter how tomorrow progresses you are in the right. They are in the wrong. The judge already said as much. The least you will get is your lawyer’s fees and you will probably get more whether by settlement or court judgment.
I'm glad that after this is over you will never have to deal with these CU people again. They sound both stupid and mean.Filed: 10/26/2006
Discharged: 03/05/2007
Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund
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Originally posted by FeelingHopeless View PostOkay, everybody ... here's where we're at. I called the attorney yesterday and talked with his assistant. We still have no paperwork in regards to the settlement ... and our court date is tomorrow, November 7th, at 9 a.m.
I'm nervous again ... but I suppose in about 24 hours, we'll see where we are when the dust settles ...
I'll log in and update just as soon as I know something either way ... hang on guys ... we're almost there.
Will definitely be thinking about you in the morning. Good LuckChapter 13 filed -8/12/04
Plan approved- 7/11/05
Date discharged--10-12-2007
Date closed- 12/6/2007:yes2::yes2:
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Originally posted by FeelingHopeless View Post...our court date is tomorrow, November 7th, at 9 a.m.
I'll log in and update just as soon as I know something either way ... hang on guys ... we're almost there.
No matter what, we're so proud of you for not allowing your credit union to break the law and also not allowing them to break your spirit! As Keepmine said, after this is over, wipe these small-minded, evil credit union people out of your mind and never think of them again. (Of course, I hope you get a lot of cash out of them too!! )I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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I am going to put the corn popper away now...burp .. opp's sorry. I am SO corn stuffed I can hardly move.
I'll be checking first thing in the a.m. since I think you're going to be letting us know all the good news.............oh wait, we'll be hearing the "whoops" and in the air!
Thanks for the education!
Miss PoshGiddy with excitment as the end is HERE!
Filed 9/18/03~341 10/18/03~Confirmed~11/18/03
Final Discharge~6/24/08
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You know, the irony in all of this is FH's login name: "Feeling Hopeless." GIRL! You are NOT hopeless! And infact, I'm sure you have inspired and given so many more people HOPE that the "little guy" can fight Goliath and actually win.
I know I am inspired by you. I'll be thinking about you today!Chapter 13 Filed "Old Law"
Filed: 6/2003 Confirmed: 3/2004
Early pay off sent: 10/05/2007 - 9 months early
11/16/2007 - Discharged!
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Well, guys ... at 7:15 p.m. last night I got a call. The CU's attorney faxed over the settlement agreement ... at 7 p.m. last night. Nothing like waiting until the last moment, eh? Whoever posted on this thread that they're doing this so we don't try to counter-offer was right on the money. They want to make sure we have no wiggle room.
So, here's where we're at: Last night, we made an appointment to go sign the paperwork tonight (Wednesday November 7th) at 6:45 p.m. I got a call from Timothy, the lawyer's assistant, first thing this morning with some additional details. He said that we're continuing the case for 21 days ... because the settlement paperwork says something along the lines of us agreeing that we've received a check ... but ... obviously, we have not received a check. So rather than requesting a dismissal or just letting the judge dismiss us because we don't show, we're requesting a continuance.
So, Timothy is calling the CU's attorney this morning and letting them know that I *am* signing the settlement tonight ... but that we will not actually dismiss the case until after we receive the check. He said that we are requesting a) a hard copy of the settlement agreement since all we have is a faxed copy and b) a check for the full amount of the settlement.
I guess I sounded nervous ... because Timothy explained that it's irresponsible to dismiss something like this before we're settled ... because we could end up having to re-file if something goes wrong and this falls through.
So ... tonight at 6:45, we sign the settlement paperwork ... and we may, or may not, receive a check at that time. I'm gonna guess not ... since nothing ... absolutely nothing ... has been easy about this.
You're right, chpxiii ... everyday has been a little better ... and I've felt less and less hopeless. When I first came to this forum, I felt like there was no way I could come out on top. All that embaressement about the bankruptcy came back ... and I was ready to give up if I could just walk away and be done with it all. You guys have given me SO much strength.
This whole experience has given me new insight into term "sticking up for the little guy." I guess I was naive ... because you can't trust a business to do what's right for you. You've got to stick up for yourself ... and surround yourself with people who believe in you.
In any case, hopefully (cross fingers) I'll log on tomorrow morning with all the final details ... and I'll be able to say that we're done with this whole ordeal.~~~~~~~~~~~~~~~~~~~~
Filed Chapter 13 - March, 2003
Discharged - April, 2007
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Good for you, FH....But your attorney is absolutely correct. It ain't over until they hand over the cash. Definitely let us know if this happened, and if not, when.....
They are lucky that you didn't say, too late - see you in court. Would have loved to see and hear the judge's reaction!Filed Business Chapter 7: 7/11/07
341 Meeting: 8/8/07 Asset Case
US Trustee reviewed case/resolved 9/14/07
Discharged: 10/11/07 Closed: 11/2/08
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Originally posted by FeelingHopeless View PostThis whole experience has given me new insight into term "sticking up for the little guy." I guess I was naive ... because you can't trust a business to do what's right for you. You've got to stick up for yourself ... and surround yourself with people who believe in you.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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