Pending Adversary

[shabam]

So I've done some digging in Pacer to look at other adversary proceedings by Chase in my district. It looks like one of three things always happens:

1) Debtor fails to file an answer - automatic win for Chase
2) Debtor settles for as little as 10 cents on the dollar.
3) Debtor follows through, Judge orders parties to produce evidence, Chase's attorney files a non-responsive brief (same one every time), and judge dismisses the opposition.

I know which option I'll choose. This really looks to me like an industrial-scale fishing expedition on Chase's part.

I am guessing you mean option 3. I owe these guys some cash myself, which I strongly believe they will dispute.

Out of the cases you looked at, did chase ever win their adversary proceeding against the debtor who followed through?

[abp559]

I am guessing you mean option 3. I owe these guys some cash myself, which I strongly believe they will dispute.

Out of the cases you looked at, did chase ever win their adversary proceeding against the debtor who followed through?

In the cases I looked at they never got past the the point where they actually had to produce some evidence.

[No Gravy]

In the cases I looked at they never got past the the point where they actually had to produce some evidence.

Fishing expedition, as you called it

Thank you for posting this!

[zimbra]

I am a little late to the party, but thought I would share that Chase did file an advesary on my Chapter 7. I am just now finishing it up, but I settled for half the amount owed. I must say that this board is a blessing and if I had found it before I had filed (with the help of an attorney no less). I probably wouldn't have been in this situation. To me though, I guess having to pay back a little to get out from under a crushing amount of debt.

[shabam]

Sounds like some of the creditors are playing a game of chicken. Basically see who flinches first. It would be interesting to know how many people choose option 2 rather than going to court and defend themselves.

[abp559]

Just to update the status here, their attorney called and offered a settlement. I said I wasn't inclined to settle and that I was looking forward to trying to collect attorney's fees (I am pro se, but the law says "a reasonable attorney's fee", not what you actually paid to an attorney). They thanked me and said they would let their client know. Shortly after they sent Stipulation to settle the case for nothing for me to sign.

I'll probably sign, but it's awfully tempting to sink my teeth in to them and push for the fees.

[HHM]

Just to update the status here, their attorney called and offered a settlement. I said I wasn't inclined to settle and that I was looking forward to trying to collect attorney's fees (I am pro se, but the law says "a reasonable attorney's fee", not what you actually paid to an attorney). They thanked me and said they would let their client know. Shortly after they sent Stipulation to settle the case for nothing for me to sign.

I'll probably sign, but it's awfully tempting to sink my teeth in to them and push for the fees.

Umm, just FYI, you are going to lose that attorney fee argument...if you don't actually incur legal fees, you don't get them paid to you...sorry

[AngelinaCat]

What is a 'non-responsive brief'?

[justbroke]

What is a 'non-responsive brief'?

I'd like to know what that is too.

[soleprop]

abp559 i'm glad you bumped your thread - keep us posted ok!

[halloweendmb1]

why leg does chase have to stand on ? Why did they file the objection?

[gymbo]

Just curious - What was the $1500 for and how close to filing did you spend it?