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    #1

    Value of vehicle? And if I have a judgment....

    I'm getting ready to submit updated info for my petition and filing (at last, in June!). For the vehicle that is in my dh's name (but that my atty thought wise to list on my petition, I guess b/c I mostly drive it), I use the private party value from Kelley Blue Book?


    Also, I know that Amex and Discover have/are obtaining default judgments against me. Would info on those be available on PACER? I just want to see if they have taken further steps to garnish my (empty) bank accounts or put a lien on the house or anything. Or would I be notified of that type of action?

    Thanks :-)
    Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
    "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."
    Tags: None
    #2
    n/m :-P
    Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
    "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."

    Comment

      #3
      Originally posted by NewPage View Post
      I'm getting ready to submit updated info for my petition and filing (at last, in June!). For the vehicle that is in my dh's name (but that my atty thought wise to list on my petition, I guess b/c I mostly drive it), I use the private party value from Kelley Blue Book?


      Also, I know that Amex and Discover have/are obtaining default judgments against me. Would info on those be available on PACER? I just want to see if they have taken further steps to garnish my (empty) bank accounts or put a lien on the house or anything. Or would I be notified of that type of action?

      Thanks :-)
      Greetings 'newpage'. I doubt PACER would have anything about a civil suit. Your County Public records would. Now a question for you: Why did you allow a default Judgment?? Did you not respond? You surely got a subpoena. You are not a newbie now, and I've preached (as well as others) a Judgment is a mean deal. Yes you can get it negated but not cancelled. Something like a discharge but it will be on your credit. It will also be a Judgment but not collectable. They can lien anything you wholly own. Also it can haunt you in your future when and if you recover and try to acquire wealth and assets. If they lien you, the lien is more difficult to get removed or in some cases impossible.

      That being said, you apparently have one. A Judgment I mean. Then I assume you have not filed yet, true? If the Judgment was granted after your filing, it can be reversed if the Judge was not aware of your stay. So, in your signature you gave paper in 12-17-10, so you were sued but when? Then in January of 2011. Were you filed in December of 2010??? If so and I pray so, the Judgment can be voided. Your docket of the civil suit (if listed) would have had a suggestion of bankruptcy and that is notice of your automatic stay. More info please and PLEASE say you filed in 12-10. 'Hub

      EDIT: I see you have not filed and will THIS June, yet you paid and made papers six months ago??
      What's with that? I am totally lost now and more info please. I am now REAL interested as we gotta get you outa this.
      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.

      Comment

        #4
        Oh, it's a long story LOL

        My original intention was to file in December, yes.

        I got served with papers right after Christmas from Discover, then Amex followed suit I think in January. I asked the judge at that time for an extension to get my bk stuff in order. It was granted for Discover, but I didn't get to do the same for Amex b/c I thought I would be filing before the 30 (I think) days was up for that answer to be due.

        Then we found out we were getting a tax refund. We paid for our son's orthodontia in full in February out of that refund. At the advice of my attorney, I have delayed filing for 90 days from that payment date (Feb. 24).

        My atty notified me last month that he had received communication that Amex was seeking a default judgment. He said that since I had no "meritorious defense" there was nothing to do but file then or wait it out and deal with it in BK. I haven't heard from him regarding the Discover communication, but I'm sure he would say the same thing.

        So now I am prepping for a June 1 (or thereabouts) filing date. That's it in a nutshell!
        Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
        "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."

        Comment

          #5
          Here's my thread from last month about the default judgment from Amex. I recently received notice from Discover as well; I believe they intend to file around the end of this month, like tomorrow, actually.
          Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
          "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."

          Comment

            #6
            Originally posted by NewPage View Post
            Oh, it's a long story LOL

            My original intention was to file in December, yes.

            I got served with papers right after Christmas from Discover, then Amex followed suit I think in January. I asked the judge at that time for an extension to get my bk stuff in order. It was granted for Discover, but I didn't get to do the same for Amex b/c I thought I would be filing before the 30 (I think) days was up for that answer to be due.

            Then we found out we were getting a tax refund. We paid for our son's orthodontia in full in February out of that refund. At the advice of my attorney, I have delayed filing for 90 days from that payment date (Feb. 24).

            My atty notified me last month that he had received communication that Amex was seeking a default judgment. He said that since I had no "meritorious defense" there was nothing to do but file then or wait it out and deal with it in BK. I haven't heard from him regarding the Discover communication, but I'm sure he would say the same thing.

            So now I am prepping for a June 1 (or thereabouts) filing date. That's it in a nutshell!
            Oh yes. Please forgive me, it must be the age thing. I'm getting to the point now of looking for the hammer I just put down when I'm working around the house. I now do more looking for lost tools than using them.

            Your explanation is totally reasonable. Do file soon and make sure your lawyer deals with the Judgments. Don't allow time enough for them to levy a lien on anything. I'll be keeping an eye on your progress. Sounds like you have a good lawyer. 'Hub
            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.

            Comment

              #7
              Oh yes, plan to file ASAP. I have set a tentative date of June 1, and am getting updated info to my attorney's paralegal now. Do I put down the private party value for the van value?

              Thank you :-)
              Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
              "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."

              Comment

                #8
                Originally posted by NewPage View Post
                Oh yes, plan to file ASAP. I have set a tentative date of June 1, and am getting updated info to my attorney's paralegal now. Do I put down the private party value for the van value?

                Thank you :-)
                Yes and if it is not show room clean, put down average to fair. Or if less value, put down trade in. Both are legit as if you have no down payment your 'trade' would be it. 'Hub
                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.

                Comment

                  #9
                  I put down "fair" because it meets this criteria, except for the rust:

                  Some mechanical or cosmetic defects and needs servicing but is still in reasonable running condition.
                  Clean title history, the paint, body and/or interior need work performed by a professional.
                  Tires may need to be replaced.
                  There may be some repairable rust damage.
                  Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
                  "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."

                  Comment

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