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I won my Adversary Proceeding

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    #1

    I won my Adversary Proceeding

    Well,

    I filed Pro Se in July of 2005. Discharged in November of 2006, closed with no distribution in Jan of 2007.

    I filed two Adversary Proceedings in my case: one to a moving company that has all my belongings, and the other to a Pawn Shop that had my jewelry but sold it all in June and July of 2006 (after I filed but before I was discharged).

    I filed a Motion for Turnover because all of my property (that they have) is exempt.

    Well, to make a long story short, the hearing was today but the movers/storage people did not show up!

    So, the judge granted my Motion for Turnover.

    Now what? How do I get my things back?
    Tags: None
    #2
    congrats on the discharge and the closing ! but i don't know too much about the rest, just want to say congrats

    Comment

      #3
      Thank you....

      I'm amazed I have made it this far. Thank you God for inner strength and good study habits.

      I tried to get representation but no one wanted to take on my case after I already started it.

      Comment

        #4
        Congrats, Original Healer!! WTG!!

        About getting your property back,......... Uhhhmmmm,......... I'm not sure.

        File your Judgement you won against the Moving Company??!!

        Ask around at the Court House??!! Hopefully someone will tell you what you need to do.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment

          #5
          Thank you....

          Once I get the actual letter granting the Motion for Turnover, I'm going to consult with every attorney I know (through friends and family) and get ideas on what I should do next.

          The court house is an idea I hadn't thought of....thanks.

          Comment

            #6
            I once heard a news story about a guy who sued Home Depot because they kept running credit checks on him and driving down his FICO score. He contacted them to find out why they were doing it and it turns out that someone was applying for credit under his name, probably someone who stole his identity. He asked them to stop, they said they would but they didn't. He sued them for the amount of the extra interest he had to pay when he got a mortgage based on his damaged FICO. He won his case because Home Depot did not show up on the court date. Home Depot did not pay what they were ordered to pay, so he got the sheriff to go to Home Depot's bank and take the money out with a court order.

            So, maybe you contact the sheriff, or you contact the judge who will contact the sheriff, I'm not really sure how that works.
            Filed C7: 04/25/2007
            341: 05/21/2007
            Last Day for Objections: 07/20/2007
            Discharged: 07/23/07 Closed: 07/26/07

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              #7
              To healer:

              Send the moving company a detailed list of what they have that is yours, and a cost list for replacement, and a copy of the judgment for turnover, and tell them they have ten days to return your stuff, or pay you the value. After ten days file a suit to bring them to court to explain to the court why they did not comply with the order, and to list their financial condition to the court. then the court will issue a payment order to the moving company. I do not know the name of the proceeding you would file if they do not pay, but it costs under $100 to file and serve it. You don't need a lawyer since you already have the judgment to return, but if you get one, they will also have to pay you for legal fees. Might inform them of that in your demand letter. It should not be complicated at all to get your stuff back, or themoney for it.

              Comment

                #8
                I'm sorry to say, this type of thing is common with moving companies. I just want you to have realistic expectations.
                Lots of these guys open under one name, get in lots of trouble, close that name and reopen a new company under a new name.
                Get the moving company served with the judgement for turnover.

                Do you have any idea where the stuff is? If the mover is being evasive you could push the storage company to comply.

                Comment

                  #9
                  I like the idea of making the list of my things with the value, but I want to sure that I don't go over the value of the items that I listed in my exemptions. Don't want it to come back and "bite me on the butt" as they say.

                  Sentimental value, however, is another matter. Quite a few of the items belonged to my deceased mother and mean very much to me. I detailed as much in my complaint for turnover.

                  As far as trusting moving companies, this is a bigger company and the person named in my complaint still works for them. They still exist under the same name as the day I hired them.

                  But in the future I will avoid hiring a moving company at all possible costs, that's for sure.

                  Comment

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