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All I can say is... wow.
(Really... that's all I can say.)Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Hub,
Was he a creditor in your BK? I am unclear as to where the court would take place on this -- BK court? If so, maybe you would be better off letting it go to the BK judge. Of course I do not know all the facts of the case, but I think the BK judge would tend to rule in your favor.Filed Ch 7 -- July 9, 2008
341 mtg ---- August 14, 2008
Discharged ---- October 17, 2008
Closed --------- December 11, 2009!
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No Grammy, it is wired for the 'creditor'. This person is not a creditor as such. He only has an open lawsuit, and is speculating on winning the case in the future. The BK court assumes that everything stated by the 'creditor' is in fact true. So that is an unfair advantage. Also, we are pro se and trying to do this ourselves because we have NO MONEY. So we are at an unfair advantage there.
In the State Court, we have a lawyer that will work with us and take payments, whereas, anyone else we have approached, wants all the money up front.If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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To make this clearer, I listed it as pending suit. They sat on it for five years and the last 17 months had no action until the “Suggestion of Bankruptcy” was sent to them. Then all hell broke loose. They have no Judgment, no contract, no agreement, no levy, no nothing. They have an “untried” case. The problem is that the Court takes Jurisdiction over the State in this. I am, have, attempted to, with other Motions, to have the Judge, who BTW is our bk Judge, kick it back to State. Otherwise, I am afraid that I will have to plead to the Court that I shall not admit nor deny, but will relinquish to the Court their Judgment. Otherwise there is a far fetched chance that this guy could put it up three floors to Federal Felony Court as a computer crime.
There have been several people who in the past have wondered where or why all this came about. All I can say is, FORUMS. Now that being said is not withstanding this wonderful place. If anyone wished to see the worst of the worst, PM me and I shall give a link to the bad place. Of course there is more to this, but that is a good starting place. ‘HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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I guess I just do not understand why you would"give them the judgment", nor why the case goes on if it was included in BK. I have no answers regarding the Jetta. Sorry.Filed Ch 7 -- July 9, 2008
341 mtg ---- August 14, 2008
Discharged ---- October 17, 2008
Closed --------- December 11, 2009!
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Originally posted by AngelinaCatHub View PostI guess I could just pop him off, but I also heard that was frowned on by the law.
Hub, I know a guy who knows a guy......."I'm old enough to know better, but too young to care"
Filed Chapter 7 January 25th 2010
341 Hearing March 4th 2010
Discharged May 10th 2010
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So with the outragious amount they are asking for he just wants to make sure you never, ever have another free penny in your lifetime. I can't stand when I see these kind of ridiculous wants for unrealistic amounts of money. I hope you beat this guy."I'm old enough to know better, but too young to care"
Filed Chapter 7 January 25th 2010
341 Hearing March 4th 2010
Discharged May 10th 2010
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Originally posted by PoorGrammyinBK7 View PostI guess I just do not understand why you would"give them the judgment", nor why the case goes on if it was included in BK. I have no answers regarding the Jetta. Sorry.If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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Originally posted by Overmylimit View PostSo with the outragious amount they are asking for he just wants to make sure you never, ever have another free penny in your lifetime. I can't stand when I see these kind of ridiculous wants for unrealistic amounts of money. I hope you beat this guy.
Let me think on that .....guy.... how knows a guy...If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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Originally posted by jdphillips73 View Postwhy is he sueing, what did you do or were alleged to do?
So evidence fixing and the fact of lack of creditable evidence kept this out of criminal but in civil at is a preponderance so there is enough animosity of the past between us that a reason could be shown (motive) and the bk court always sides with the plaintiff as per the Judge. They assume the worst and then a mini trial. I don't have a chance except I am uncollectable in a judgment except for the single car. I will burn the car before I surrender it to that person.If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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