You will not believe what a creditor said to me today!!!

[freshstart06]

Okay... Some of you may remember the story of the greedy landlord that wanted to sue us because we did not want to pay the option money to purchase a rent to own home (bank in 2005) because we could not afford it due to my detacted retina and all the surgeries. Well with the contract we were going to purchase some of furniture that came with the home at closing. Well after we moved out he told us we were obligated to still purchase the furniture even though we did not want to purchase the home. Please note, the contract only stated furniture to be purchased at closing but we took the furniture anyway and told him we will make payments on it.

Well a few months after we moved out, he demaned the $10,000 option money (even though we opt not to purchase) along with the furniture paymens. We told him we do not have to pay the option so after I gave him an $800 payment towards the furniture a week later he took us to collections and they summons to sue us for everything including the remaining balance of the furniture.

We were really broke at the time and so behind because of all the time off of work and bills on top of bills from my eye surgeries. He knew this!!! Well of course this is one of the reasons we filed BK even though I think we would have won in court I was just tired.

Now brings us to the current, as you guys know I am all but discharged, passed the 60 day, blah.. blah...

Can you believe this B@tt hole emailed me and said "Bankruptcy or not, we need the money for the furniture, it has to be paid"

This is like the third time he has bothered me about the furniture, I told him to come and get it because the furniture, him, the debt collectors and their lawyers were all included in my bk.

Now I want to take action... Am I not protected by some kind of law???? His last email was so rude!!! and it was dumb to email because I now have proof.

What can I do and how!!!

[SinkingFast]

Right now, this guy is in violation of the Automatic Stay protection of BK.

If he wants to claim the furniture as a Security Interest and come and get it,............... He has to file a Motion to Lift Stay with the BK Court.

So yes, this action is in violation of the Law.

After you're Discharged and no longer under protection of the automatic stay, he could pester you to get the furniture back. But nothing else.

The option money would be considered an Unsecured and Discharged with everything else. Even the Lease Option becomes null and void as long as you listed these things in your BK.

[aachudneymiles]

excuse me but sue his A#@ OH my and he could have been more understandable after he found out you where having issues with your eyes. I know after that you would have to be face down for I believe weeks and almost lossing your sight.. Well I would sue if he is in the wrong which sounds like he is and you have an email to prove that and emails stand up in court. Good luck. he'll get his

[CATCHMEIFYOUCAN]

Sounds like he is ignorant of the BK Laws and automatic stay. I definitely would sue, the judge will be on your side on this one!

Best wishes, Catchmeifyoucan

[chpxiii]

You've got something here with this. He is definitely in violation of the bankruptcy laws and automatic stay. You may need to do a bit of research but I think you can get this guy fined and have him PAY YOU.

[B12]

What is with this "sue" mentality in America?

The guy probably just doesn't know any better. Send him a letter telling him he is wrong and be done with it.

[Cassiopeia]

I'm with you on the "sue mentality" of America, B12....one of my biggest pet peeves of all!

That being said......the idea of suing a creditor just might appeal to me.

[chpxiii]

Quite frankly, when a creditor is easily, quickly AND WILLING to sue, if there is just cause, and I said *IF* and JUST CAUSE, I have no problem with suing.

They want us to play their game, fine. That includes *everything.*

[Minnymouth]

When a creditor is notified by the Court that you have filed bankruptcy, they are also notified of what they can and cannot do and when....... they are also notified of the consequences if they do otherwise....

Sooooo, any creditor that deliberately contacts you KNOWS that its against the law and he can be fined...... he just doesn't expect you to follow up on it.....

So to sue a creditor for "crossing the line"...............GO FOR IT...... its deliberate on their part...........mostly......

[freshstart06]

Okay here is the funny part... He filed BK himself about 8 years ago, he knows the laws and lets not forget he tried to sue me knowing that I had a detached retina and all the problems that caused.

AAchundy.... Yes, I had to lay face down for 10 straight days for each surgery, the second surgery they put silicone oil in my eye but I still had to lay face down. After the 10 days I had to lay face down at night. I had to do this for 1.5 years. Imagine this with 4 kids and worse I never regain the vision back in that eye. We were so broke during that time and he knew this but it was just greed. My goodness, option money is if you opt to purchase the home, we opt not to and he tried to sue us for it, on top of that nothing in the contract points if we opt not to purchase we still have to pay the option money. I am so happy this is all going go be behind me for good. He stressed me out since the end of 2005, my last eye surgery was 1/9/2007.

He is a bug that will not go away, well it is time for me to get some bug stray and get rid of him once and for all. I remember trying to make arrangements with the debt collector for the furniture and the debt collector was like "We don't want your payment arrangements, I don't want to hear you sob story, we are suing you and getting our money in full" he was so mean. I spoke to his lawyer and even his lawyer all but told me this case was dumb and pure greed. But of course the lawyer worked for them and he had to go with whatever they wanted. I could not believe the Lawyer said the things he did.

I am just in shock that this guy told me "bk or not, we have to be paid" he must be having finanical problems himself. All I can say is KARMA!!!!!

[nc73]

Actually an option is to be paid BEFOREhand. It is not after you purchase. I have an agreement that was provided it to me by a lawyer here in Tx and I never enforced it on my tenant. I let them stay without taking option money from them. I don't care if she doesn't buy the house. In some cases option money is refundable if the buyer does not buy the house. You just have to read what your option agreement says. I know mine says paid first, and no refunds. Remember the seller is not allowed to sell to anyone else, so you have to put up funds for that luxury.

Anyways sorry for the rambling. Not taking it out on you Although I agree that with all that you went thru this guy should just go away.

[freshstart06]

no what you don't understand, is that we did not have to pay option money upfront. We also moved out of the home and found another qualified renter to rent the home. So he got extra money from the new tenants and us. The contract stated that if we default on the rent to own contract any money paid up to that point will be retained but it did state we had to pay option money if we opt not to purchase home.

but the truth is, I guess it does not matter anymore, they were included in bK (smile)

[nc73]

no what you don't understand, is that we did not have to pay option money upfront. We also moved out of the home and found another qualified renter to rent the home. So he got extra money from the new tenants and us. The contract stated that if we default on the rent to own contract any money paid up to that point will be retained but it did state we had to pay option money if we opt not to purchase home.

but the truth is, I guess it does not matter anymore, they were included in bK (smile)

Ah that is weird..oh well tell him to buzz off

[aachudneymiles]

Okay here is the funny part... He filed BK himself about 8 years ago, he knows the laws and lets not forget he tried to sue me knowing that I had a detached retina and all the problems that caused.

AAchundy.... Yes, I had to lay face down for 10 straight days for each surgery, the second surgery they put silicone oil in my eye but I still had to lay face down. After the 10 days I had to lay face down at night. I had to do this for 1.5 years. Imagine this with 4 kids and worse I never regain the vision back in that eye. We were so broke during that time and he knew this but it was just greed. My goodness, option money is if you opt to purchase the home, we opt not to and he tried to sue us for it, on top of that nothing in the contract points if we opt not to purchase we still have to pay the option money. I am so happy this is all going go be behind me for good. He stressed me out since the end of 2005, my last eye surgery was 1/9/2007.

He is a bug that will not go away, well it is time for me to get some bug stray and get rid of him once and for all. I remember trying to make arrangements with the debt collector for the furniture and the debt collector was like "We don't want your payment arrangements, I don't want to hear you sob story, we are suing you and getting our money in full" he was so mean. I spoke to his lawyer and even his lawyer all but told me this case was dumb and pure greed. But of course the lawyer worked for them and he had to go with whatever they wanted. I could not believe the Lawyer said the things he did.

I am just in shock that this guy told me "bk or not, we have to be paid" he must be having finanical problems himself. All I can say is KARMA!!!!!

I agree totally with every single word your saying... Sorry you had to go thru that, my eye doctor said I have watch for flashes cause I have a risk of that happening to me.---

He is ignorant and that is no excuse for him to be excused ,please if you didn't file bk he would be suing you right now. So, yes this is America I wouldn't send him sh*# explaining he is wrong "what a waste of time" he knows he's wrong. So with that being said we are in America and that is the American way and if you want Justice you sue. Who is to say this creep will not try this with the next person that moves in his home.. He needs to be showing a lesson in the book of reality. Bottom line he is pissed because she didnt buy the house he want to get rid of so badly and she kept the furniture.. Now he out of luck cause the house most likely will not sale with this market ... well HA!

[freshstart06]

Oh, it is worse, the landlord does not even own the house, some guy that lives in China does, he just manages the home. he lives in California and we found out that Arizona does not allow anyone outside of the state to manage properties in Arizona. We so had a case but I was stressed out over my eye problems, I just wanted to move out and get on with our lives. he was the landlord from Hell.

By the way, watch those flashes, that was my first sign then one day, I was putting eyeliner on and I realized I had gray spots on the top of my vision in my right eye. I am glad that ordeal is over as well, because my retina detached because a wine cork popped in my eye, I will not have this problem in my right eye. When I look out of both eyes I can't tell I am pretty much blind in my right eye. Thankfully, looking at me you can't tell anything is wrong.