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Lawsuit dismissed with a twist

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    #1

    Lawsuit dismissed with a twist

    We were sued at the end of December. We decided to file BK13 instead of fighting the suit. Yesterday, we got a "Notice of Dismissal" in regards to the case. The reason for dismissial, without prejudice, was "Plaintiff affirms that it has not received an answer or other response to its complaint as permitted under the Utah Rules of Civil Procedure".

    Can you believe that people actually believe there is not a god or angels.
    Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17
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    #2
    Originally posted by BigJohn View Post
    We were sued at the end of December. We decided to file BK13 instead of fighting the suit. Yesterday, we got a "Notice of Dismissal" in regards to the case. The reason for dismissial, without prejudice, was "Plaintiff affirms that it has not received an answer or other response to its complaint as permitted under the Utah Rules of Civil Procedure".

    Can you believe that people actually believe there is not a god or angels.
    - YouTube
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    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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      #3
      Wouldn't the case be dismissed due to the automatic stay your CH13 filing gave you?

      Comment

        #4
        Originally posted by 2Bshinyandnew View Post
        Wouldn't the case be dismissed due to the automatic stay your CH13 filing gave you?
        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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          #5
          Oops, I missed where you said this:

          Originally posted by AngelinaCatHub View Post
          The bk will only stay a civil case until your 13 is confirmed.
          Time for me to put my reading specs on!
          Congrats BigJohn. Great news!

          Comment

            #6
            What are you saying here BB?

            I assume you're saying the plaintiff played it right. Not that it's going to help them much if our guy gets the BK discharge. But if he doesn't they're still in play. Is there a way as the defendant to reduce the plaintiff's options here?
            filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

            Comment

              #7
              Originally posted by BigBoy2U
              Well wouldn't this be smart way to "dismiss" a suit you filed that the defendant filed a CH13 on? I mean this way, if the defendant misses a payment or gets off the CH13, they can immediately refile and not have to wait for it to go through the BK system and then the notice be sent to the civil court to be dismissed months later. I am just saying that by dismissing a pending lawsuit on these grounds you can refile and move on it very quickly now if the defendant blows the CH13 plan (not saying you are John).

              Another good reason to not respond to a lawsuit...lol
              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

                #8
                Originally posted by 2Bshinyandnew View Post
                Oops, I missed where you said this:



                Time for me to put my reading specs on!
                Congrats BigJohn. Great news!
                LOL. Not a problem. I have an extra pair so that when I mis-place my glasses, I need glasses to look for them. LOL. '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
                  Statue of limitations is 3 years unless they look at it as a written contract and that is 4 years (outside the State). we are in less then a 4 year plan. If they should get a judgment, it is only good for 4 years and can not get renewed (foreign judgment). This debt will be discharged in bankruptcy at the original creditor level with a payback of less then 5%.
                  Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

                  Comment

                    #10
                    Originally posted by BigJohn View Post
                    Statue of limitations is 3 years unless they look at it as a written contract and that is 4 years (outside the State). we are in less then a 4 year plan. If they should get a judgment, it is only good for 4 years and can not get renewed (foreign judgment). This debt will be discharged in bankruptcy at the original creditor level with a payback of less then 5%.
                    There ya go
                    but still, congrats on not having to deal with them and that lawsuit
                    http://www.debt-consolidation-credit...play.php?f=177

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