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

[FeelingHopeless]

Thanks, everyone ... I'm disheartened about the whole thing. This was so important to me ... and I suppose I feel like my attorney dropped the ball by not filing a continuation earlier. I see both sides of the story ... my people feel as though we were justified since both parties had already agreed on a settlement ... and their attorney had been dragging their feet for 3 weeks on getting the paperwork together and such ... but I see the judge's point ... it would've helped if someone was THERE that morning. I mean, she's upset that NEITHER side was there ... but that doesn't make the situation any better.

In any case ... Novemer 27th ... 1:30 ... we're back in court. And we WILL let the judge know how completely difficult and impossible they've been to work with. My attorney called yesterday and said they're sending over all the paperwork that shows that we'd agreed on the settlement weeks before ... but they were being unprofessional and dragging their feet.

I guess we'll see where it all goes from here ...

[rrockinggramma]

FH, at least your attorney didn't dismiss the entire thing, but ask for the continuance. I know the judge will rule on that on Nov 27but this is the same judge that encouraged the cu to settle and they haven't really done that. All their bs is designed to make you get frustrated and go away. It is part of their strategy. Stay strong!! and I would not be too hard on your attorney. LOLOL From your posts, he sounds like a wonderful guy that really was caught off guard by the tactics of this cu. He will be more wary next time. Like you overheard him say, this is the first time since the new BK law went into effect that he has had this happen. So hang in there. Am waiting on pins and needles til the 28th when you post (or the 27th) GL

[car67]

Wow you would think the credit union would just settle rather then keep the clock churning with attorney fees... If I was the president of the bank I would fire the attorney for draggin this and give a settlement and move on with business........

I would think the plaintiffs lawyer would lick his chops to take this to a trial by jury for treble damages........

[Boscoe]

FH - At the end of the day, the judge is here to ensure that justice is served, and that does not happen if this gets dismissed. If anything (and I doubt this will happen), your attorney will get admonished. Worse thing for you would be that you would need to claim 'poor representation' and have another attorney take over. But in no way should you have to take the hit for any possible procedural mistakes made by your attorney. You are, after all, relying totally on his expertise here.

But, let's be clear - the CU will be paying, and paying ALOT. The judge is going to be in a foul mood and that will only be directed your way for the first 2 minutes. Then.......gee I wish I could be there. This is going to be fun to read about.

Best of luck and enjoy your turkey. But I believe you will be enjoying your Christmas alot more............

[jas]

FH,

First I wish you the best of luck, We (my wife and I) Went through a lawsuit much like this. Please know this, Every delay, There responses, The low ball offer, The cavalier attitude all of this is absolutely calculated and well planed. It is there defense and there only defense so they will not stop this mental gamesmanship until they no longer have control to do so.

They have only one way out of this situation and that is to make you run from the process by wearing you down. They know exactly the emotions there tactics are making you have and fully understand how they will impact your decisions to line up with there best intrest. We saw this tactic played over and over for 6 years while fighting with over 8 defense lawyers. It appears this is civil suite defense 101 for a loosing case. It is a shame that other lawyers do not inform there clients of this tactic, I think there ashamed of it but know if they were on the defense of a loosing case they may have to play the same game. Court is scary to think about but not bad once your there and worth doing for future peace of mind.

In our case once I caught on to this tactic it made us fight harder and we would not back down from our court date, It was the right thing to do even though I am here at this site because of the suit, We won our case but the debt was not covered after fees. This was a matter of those responsible not having enough assets to cover the total cost of there damages to us, But either way win or not we would have ended up here, At least we got justice! and sent all those lawyers away with maybe a slightly different opion about using sleazy tactics and made sure the defedents would not repeat there wrongs

Ignore the clutter and make the decisions based on what is right for you and yours, Time should not be a factor for you as you are somewhat whole again (Van Back) keep it on your side and use it against them. They have an unwinnable lawsuit hanging over there head, They would like it to go away much faster than you do. Never forget that. And it is much harder to go in to court and testify and try to explain away the wrong you have done to someone! Focus on going to court if it turns out you don't have to well that is a plus. But convince yourselves that is what it is going to take and make up your minds to do so. That will defray there tactics especially if they hear that your bound and determined to get them in to court because of the way they treated you after you field suit. This will probably put an end to the BS from there side if they have any brains at all.

One way to send this message, Consider raising your demands by a very large amount. This will get your point across!

[paula61]

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

FH:
I have been following your thread since the beginning and for all it is worth, I am giving you my 2 cents also. My husband and I have had similar fights like this in the past. As a matter of fact, it seems our whole life has been one big fight to survive. We are currently in a Chapter 13 because of having to help both our kids over the last few years that left us without any funds for retirement or a way to pay all our bills. We have had our share of nasty creditors but this CU far outshines some of the nasty ones we have known. I know it is disheartening and that you just want it to be over, but don't give up the fight. If not for yourself, but for the other people who might be in the same situation with this CU in the future, these guys need to be taught a lesson. They think they are above the law and they outright smirk at anyone who tries to tell them they are not, including the judge. They have probably pulled this tactic many times and gotten away with it. I agree with everyone else in this forum that you need to go back to court and they need to get slapped with a hefty fine and pay you for mental anguish. Even if getting more for what you have been through is not an option, at least get them back into court and have them fined for contempt. You will then have the satisfaction that you might have saved some future person from going through what you have.
Paula 61

[JollyGG]

You are probably in court right now. Just letting you know that we are thinking about you and hoping for the best.

Can't wait to hear the results.

[genseeker]

Oh man, just found this thread tonight and I could not believe what I was reading. Make them regret stalling and causing delays. I would definitely up the amount I was willing to settle for after all the cr*p they pulled the past few weeks.

After reading this thread, it makes me want to go after someone myself and not back down. For me, it is a CA that received a proper fraud report for an acct and the CRA removed it. The CA changed the acct # and put it back on my credit report. I sent them a letter saying I did not recognize the acct and they actually sent me a letter admitting to changing the acct #, calling it a "clerical error". I included the fraudulent acct in my BK but now I feel they need to learn a lesson.

I am waiting anxiously for updates. I can't wait to tell hubby about this tomorrow. Get 'em

[FeelingHopeless]

Hey, everyone ... Our hearing begins at 1:30 today. Wish us luck ... I'm so nervous. I wish (as always) that it would be done today ... but we'll see how it goes. I'll be back on as soon as I get home to update you guys with the new information.

[EndInSight]

Rules in your favor. How could it not?

Miss Posh

[Greenjeans]

Wow! What a story! I read from the beginning what has been happening to you...and then you leave me on the edge heading to court today!!! LOL!!! It's like watching a suspense thriller movie!!

Can't wait to hear what happened...I'll be back!!

I'm just looking at filing C13.......and found this......

[FeelingHopeless]

Good news everyone!

Didn't that sound like Professor Farnsworth?

Anyhow ... guys ... we've got another clock to watch. First off, whoever on the forum said the judge was gonna ream the lawyers out ... you were right.

My attorney admitted that his office dropped the ball. He showed proof that that they attempted to electronically file something two weeks before our last date, however, it didn't go through. Therefore, they filed a last minute continuation ... which, according to the judge, arrived 14 minutes before our scheduled hearing. This did not make her happy.

So, she chewed him out ... chewed out the other attorney a little ... just generally chewed ass at everybody. She said this wasn't just about them ... it was a larger issue of attorneys thinking they could file things online and then walk away. She said there needed to be quality control in every law office.

Back to the story ... at some point my attorney said, "In our defense, I've submitted proof that we HAD reached a settlement. They sent us paperwork ... we sent them paperwork. They drug their feet for two weeks ... and they now say they will not honor that settlement."

The judge looked at the other attorney and said ... how do you respond to this?

He said ... "Well, yes ... we had an agreement ... but ... they didn't file early enough ... and you ... you dismissed it ... and ... common, your honor ... if I settled a case that had been dismissed, YOU'D have my head. And so would my clients."

She answered, "*I* would not have your head. *I* would not have even known. *I* would've assumed you settled per your agreement."

She said no matter what the side issues are, their actions did not change the facts of the case. Their attorney spoke up and said, "Your honor, my clients OBVIOUSLY object to re-opening this sanction."

She said, "They would, wouldn't they?"

She ALLOWED us to re-open the request for sanctions ... she then gave them a 14 day extention to honor the settlement agreement. In fourteen days, I either have to have a check in my hand ... or THEY have to have filed a motion to go back to court.

She said since she sees that there was a settlement in progress, that both sides have to honor that settlement ... and, should his client refuse to follow through with that settlement, we'll have the previously scheduled court case and she will decide damages.

He said, "I believe my clients will agree to this."

Soooooo ... you ... and I ... and your deaf, dumb, and blind cousin Tilly all KNOW that they are going to wait 13 days before they do anything. Especially since Christmas is coming up, I don't expect to hear anything this week. December 12th (if I figured right) will be exactly 14 days ... and frankly, I wouldn't be surprised if they draw it out past that.

But ... let's celebrate! The judge allowed the re-opening of the sanction ... and the settlement clock is now re-set.

14 days ... and we're either done ... or we're back in court letting the judge decide. I can't wait ... I'll tell you guys just as SOON as I get a call from the attorney!!!

PS - I was so nervous ... I thought I was going to throw up! LOL

[rrockinggramma]

wow FH, I am so glad that the judge allowed the case to be reopened, but then we all knew here that she would. LOLOL You are right, the CU will drag their feet hoping you will cave in. In fact, I think it is in your favor if they do cause your attorney (Tim?) won't drop the ball again, you can be sure. If this gets back before the judge, watch out!!! the CU will wish they had settled. LOLOL GL to you and relax now and try to enjoy the holidays!!!!!!

[FeelingHopeless]

Thanks, rrockinggramma ... I'm going to try to get in the holiday spirit now that I know things are going our way. My hubby knows a man who's an attorney and asked him off the record what his feelings were about our case ... he said we should refuse any future settlement offers and take them for everything.

Well, that sounds good ... but seeing as how we agreed to the settlement originally ... and the judge is giving the CU 14 days to honor the settlement ... then we'll accept that original settlement. But, if they drop the ball again ... well, fine then ... I'm ready to go all the way.

Either way is good for me ... end it now so I can enjoy the holidays in peace ... or we'll go to court and ask the judge to make them an example.

[rrockinggramma]

that's the spirit!