If it weren't for bad luck.....

[CoBelle]

NOTICE: big whine coming. at least $100 buckaroos in the vent jar for this

1. Ever since my attorney realized she had signed an all-inclusive fee agreement, she has undertaken action that speak to her WANTING my case to be dismissed.

2. Too many incidences of forgetting to file responses, not introducing crucial evidence, not responding to the arguments of the other side etc...caused me to consider the possibility she might be sabataging my case.

3. On Oct 20, my BK was dismissed on the judge finding that a deed of trust proving a security interest had flaws that made the debt unsecure thus putting me over the limit.

4. Notice wasn't mailed until Oct 22, a Friday, so I won't receive notice until Monday afternoon.

5. But EARLY Oct 21, the Receiver came to my door to change the locks and evict me, despite his having no valid state orders to do so...he wrote his demand on a yellow note pad that I had to vacate my home of25 years Monday 8am if not sooner.

6. But my state court lawyer is out of town until Monday. And my BK lawyer? well I haven't heard from her since Oct 12 except by email from her paralegal that because of the dismissal there was no stay in effect. She did mention alternatives but my attorney hasn't contacted me so that they can be effected before 8am Monday.

7. She's still attorney of record, so no other attorney can help.

8. I'm not supposed to file anything while I have an attorney.

9. So is the universe trying to move me out of my house for some reason?

10 It's snowing...about 6 inches on the ground.

Ok...that's about it. Good cry coming up.

[tobee43]

oh........CO!!! i'm so sorry....i am not familiar with co law...but do they NOT have to give proper notice??? i really don't understand what the heck is going on. you need to get on the phone first thing monday and stop this jerk from throwing you out....which i don't get exactly, but then again i'm not that familiar again with the laws of co or deed of trust sufficiency in this situation....nor how it effects the eviction process....i'm hoping someone else here does...if tom is on...or jb..i hope they see your thread...most likely they may have an answer or two for you....just hang in there!!

what the heck??? i have a spare bedroom and it's going to be 90 today....your welcome to it.

[alorth]

CoBelle....I wish I could say something helpful, but I know I cannot.

Just know that even though I am just some other anonymous person on the internet, my thoughts are with you and I hope for the best for you in your situation.

[CoBelle]

Tobee and Alorth...thank you so much. It's caring people like you and every one on this board that keep me hanging on. I've overwhelmed that you took the time to post
to offer support and yes, even lodging!!!! (90 degrees sounds lovely about now).

Just got an email from my attonrey that she is TERMINATED and no longer my attorney. Its a kind of self termination because the court certainly didn't grant it, but I guess I'll chock it
up to further fodder for a malpractice suit.

I am the most loyal person ...to a fault....and I should have 'terminated' her services back when this all started, my bad. I was just hoping that it wouldn't come to this and I now know that I was wrong.

I've heard from JB and Des by pm offering alternatives and support.

Thinking my best alternative is to be sure I'm at the court by 8am to file both a NOtice of conversion and if that isn't enough have a Emergency Chapter 7 filing and cash with me to file it,
leave a note on the door for the Receiver letting him know that the stay is back in effect. This might kill my obvious desire to try to get a reconsideration of the 13 because there certainly seem to be grounds for that.

I have to quit whining, buck up, and get busy so I don't muff the emergency filing. There are many reasons why in my case the 7 isn't such a good idea, but it seems it s my only alternative.
I concentrated so hard on learning the ropes of a 13 that I can't remember enough about a 7, so I'm going to have to wing it and just do the paperwork.

I'm hopeful that I might have a new attonrey that might help 'after the fact' of my filing. Sure hope so.

Again, I so appreciate the good thoughts and care....cyber hugs are still conforting!

[DebtEnder]

Wow so an attorney agrees to handle your case for a flat fee, then decides your not worth the effort and removes herself right when needed most. Although it sounds like see in all but name removed herself some time ago. Regarding where you live even if your just a tenant at suffrence(this what you are after foreclosure btw, not that this is your case) now because someone thinks you don't own your place of residence they still have to go thru an eviction process. This guy has done nothing required to even start that process and even then after dismissal they can't come after you the next day to give you a chance to fight it.

[tobee43]

well CO...the invite is still open...and i wish i can help you choke that loser of an atty.

now...to think forward. we need to figure a way to say you from your eviction!!! HELP someone!!!

i think you can call the county sheriff or whomever does evictions in your area as well as the police..really..because they can't evict you unless they have the paperwork to back them.

a new atty will most surely help the situation.

we're here for you always!! so make sure when your feeling bad you know someone's here to lean on!! let us know what happens on monday! and try and have a drink and relax for the rest of the weekend...i know easy for ME to type...but really...it will work out i know it!

[enginegirl]

I am so very sorry to hear all of this CoBelle and I wish there was something I could do for you or say to you make it all go away and be better... I am sending good wishes and luck your way...... ((hugs))
stay strong

[newbegin]

Don't give up, you'll make it through this. All the best to you!

[CoBelle]

Thanks to everyone! I think you'll be proud of me. After my whine, and a cry jag, I got to work.
I'm ready :
1. Motion to Extend Stay through Order in Re Motion to Reconsider/Vacate Dismissal
2. Notice for voluntary conversion from Chapter 13 to Chapter 7
3. New filing for Chapter 7 w/ Request to Extend Stay (past 30 days)
4 NOTICE to cease and desist to put on door to greet Receiver/Sheriff
Covering all bases and filing ALL of them (#2 'attached' to 2 just in case 2 is done wrong)
Just about finished with 2 and 3 and 4

another 'just in case': pets going to visit friends, packing computer /paper and change of clothes in car.

And if anyone thinks of anything else: please post!
And now, going to bed AFTER watching the late showing of HEREAFTER (its good)

[Pandora]

CoBelle - so sorry you're having so many issues Keeping you in my thoughts.

[tobee43]

Thanks to everyone! I think you'll be proud of me. After my whine, and a cry jag, I got to work.
I'm ready :
1. Motion to Extend Stay through Order in Re Motion to Reconsider/Vacate Dismissal
2. Notice for voluntary conversion from Chapter 13 to Chapter 7
3. New filing for Chapter 7 w/ Request to Extend Stay (past 30 days)
4 NOTICE to cease and desist to put on door to greet Receiver/Sheriff
Covering all bases and filing ALL of them (#2 'attached' to 2 just in case 2 is done wrong)
Just about finished with 2 and 3 and 4

another 'just in case': pets going to visit friends, packing computer /paper and change of clothes in car.

And if anyone thinks of anything else: please post!
And now, going to bed AFTER watching the late showing of HEREAFTER (its good)

EXCELLENT!!!!!!! a PLAN!!! it's going to work i just know it!!!

believe me, that jerk cannot throw you out of the streets without the proper filings. and, if they had properly served you, you could have gone in front of the judge and believe me, the courts are simply NOT putting people out on the streets. (or lets put it like this your atty should have been looking out for your best interest and we know THAT didn't happen).

this sounds like an excellent plan of attack!!! grab your swords and armors...we are in for a day of days tomorrow...

CO...we'll all be here for you!!

[justbroke]

After my whine, and a cry jag, I got to work.
I'm ready :
1. Motion to Extend Stay through Order in Re Motion to Reconsider/Vacate Dismissal
2. Notice for voluntary conversion from Chapter 13 to Chapter 7
3. New filing for Chapter 7 w/ Request to Extend Stay (past 30 days)
4 NOTICE to cease and desist to put on door to greet Receiver/Sheriff

Sounds good to me.

(I think your motion to reconsider and vacate dismissal, might include a statement that you intend to "convert" to a Chapter 7 under 1307(a), that it is in good faith.... yadda yadda yadda... and that the conversion is being filled contemporaneously.)

[CoBelle]

Well, breathe....funny story....well , kinda funny:
I wanted to leave home by 5:30 am as I had about 30 minutes of copying/scanning to do before my final destination: 8:00am sharp filing papers.
Copying went ok, then on the road. At the continental divide tunnel it was snowing hard and cars were all over the road and off it! Got to the other
side, Georgetown and all of a sudden went: where is my purse? They won't let you in the bk building without ID. So yep...left it at the business office.
Drove another 35 minutes back up through the snow and ice and more cars off the road, picked it up and then did it all over again.

Visions of being evicted because of there being a 15 minute window between 'eviction' and 'filing'. Made it safely inside and quickly learned that you can't
file both a Notice of conversion AND a new petition. So I asked to seee the Judge and a very nice gal came down and took my Notice and two Motions
up to the Judge...hopefully, there will be an answer in re the Notice or a protective order/stay pending my filing and his ruling on the Motion to Reconsider
before the end of day. If not, I'm just going to file the 7 so that there is something that gives me protection from goonies.

Meanwhile I"m at Panera's drinking decaf. Didn't get but 2 hours of sleep last night and might just crawl into the back of my car and snooze.
Boy did the Broncos suck yesterday....but I digress.

I faxed the Receiver and Sheriff with a copy of my petition and a SINCERE cease and desist order. Received an email from the Receiver that
he had gotten my fax and was 'holding off' until he had a chance to talk to his lawyer. Had asked afriend to go up to the tightly locked house to check
on what up...and to take photos if anything was amiss. (better safe than sorry.)

So....waiting for Godot, but feeling pretty good. In the meantime, gonna go try to talk to the one attorney who might help me re what comes next.
Hate to be leaving the '13' ers and headed over to the 7 board. Sigh. But I sure do appreciate everyone's support and will come back to check out the
haps here too.

CB

[tobee43]

Well, breathe....funny story....well , kinda funny:
I wanted to leave home by 5:30 am as I had about 30 minutes of copying/scanning to do before my final destination: 8:00am sharp filing papers.
Copying went ok, then on the road. At the continental divide tunnel it was snowing hard and cars were all over the road and off it! Got to the other
side, Georgetown and all of a sudden went: where is my purse? They won't let you in the bk building without ID. So yep...left it at the business office.
Drove another 35 minutes back up through the snow and ice and more cars off the road, picked it up and then did it all over again.

Visions of being evicted because of there being a 15 minute window between 'eviction' and 'filing'. Made it safely inside and quickly learned that you can't
file both a Notice of conversion AND a new petition. So I asked to seee the Judge and a very nice gal came down and took my Notice and two Motions
up to the Judge...hopefully, there will be an answer in re the Notice or a protective order/stay pending my filing and his ruling on the Motion to Reconsider
before the end of day. If not, I'm just going to file the 7 so that there is something that gives me protection from goonies.

Meanwhile I"m at Panera's drinking decaf. Didn't get but 2 hours of sleep last night and might just crawl into the back of my car and snooze.
Boy did the Broncos suck yesterday....but I digress.

I faxed the Receiver and Sheriff with a copy of my petition and a SINCERE cease and desist order. Received an email from the Receiver that
he had gotten my fax and was 'holding off' until he had a chance to talk to his lawyer. Had asked afriend to go up to the tightly locked house to check
on what up...and to take photos if anything was amiss. (better safe than sorry.)

So....waiting for Godot, but feeling pretty good. In the meantime, gonna go try to talk to the one attorney who might help me re what comes next.
Hate to be leaving the '13' ers and headed over to the 7 board. Sigh. But I sure do appreciate everyone's support and will come back to check out the
haps here too.

CB

excuse me...LOL!! i'm a 7....and a raiders fan...so sorry about the bronco's yesterday, but as you know if could be worse......and i like the 7 better....although for some the 13 has worked out just fine. it all depends on your personal situation....and you're case maybe the 7 will be a "luckier" number?

great news and you have had some heck of a morning!!

can't wait to here how you make out...and by the way...kudo's for you, for doing all this on your own...it should set an example to show people can indeed, help themselves.

congrats on all your efforts!!!

[justbroke]

Sorry to hear... I didn't think you were actually going to file a new petition while you were going to file a Notice of Conversion and Motion to Vacate Dismissal. Yes that would be wrong. It's one or the other.

Let us know what the Judge does, please!