Ahhh... small claims noitce from my credit union.... Help, Help, Help!!!!!!

[LadyInTheRed]

I'm sorry but this character is a train wreck waiting to happen.

Expecting others on here to walk you through your bankruptcy doesn't seem fair, smart or right. Get an attorney or get a NOLO book, figure out what you're doing then come back with questions after you have a generally good idea what the process is. Simply expecting people here to walk you through your filing is a poor strategy.

Well said. I tried to make that point in a much more subtle way. But your direct approach is what apparenlty is needed in this situation.

[8forme]

Unless if I could get pro bono help, a bankruptcy attorney is not affordable. So please continue to help without me having to get an attorney.

Take the money you are spending on eating out and retain an attorney...you could have them paid for in a few months. Most attorneys will allow you to make monthly payments and file when you pay their fee. If you are able to "pay Chase enough money" but below $600, that is a huge chunk for a retainer fee also. You really need to get your priorities straight or you will be back in the same situation as soon as you get out of BK and then will have no other recourse as you can't file again for many years.

[DesdemonaB]

aaengel

Not knowing where you live in MI - I can offer this (again) a very well know charitable group here in MI offers FREE legal aid clinics at the law library in Pontiac. They are every Thursday from 11am to 1pm and they offer evening clinics in West Bloomfield on Tuesdays from 6:30 to 8:00. You are limited to 3 per year (from Sept to Sept) and it's first come first serve so get ready to sit but it's FREE. I used them for my child support issues (lack of) they will NOT represent you, nor will they solicit you to hire them it's pure pro bo ADVISE only, they do review paperwork for you and will answer questions you have.

This same group offers FREE BK basics @ the US BK court building downtown Detroit (eastern district of MI) from 3:00 - 5:00 on the following days: March 14, April 11 and May 9.

This is all for the Metro Detroit area - not know where you live in MI this all I have to offer.


(to the board - if I broke any rules sorry)

[mountanddo]

I think we need to give the OP a little bit of a break here. Not everyone is an expert on bankruptcy or realizes just how complicated it could become. The OP sounds very young and confused. To give him a little bit of credit, he did go out and buy a lunch bag to take his lunch with him so he is reading and taking advice. Everyone's idea of what is necessary is different. Not everyone believes that buying a Lexus and filing bankruptcy is a good idea but I don't see people making rude comments to them. Not everyone knows that there is a NOLO book out there. So I say we quit with the character assasanation and try to help him as best we can. We have to remember there are all types of people that come to this board for help..rich or poor, young or old, knowledgeable or naive. Some people have never posted on a forum before and don't alway's articulate what they are trying to say very well.

[LadyInTheRed]

(to the board - if I broke any rules sorry)

No violation I can see. In fact, I just re-read the rules for what must be the hundredth time and I don't see anything that would prohibit you from posting the name of the organization that provides the clinics.

aaengel, if you aren't within a reasonable distance of these services, try contacting the organization to see if they can refer you to a similar organization in your area. And check your local court to see if they also provide a BK basics course.

[AngelinaCat]

I could be wrong, but I don't think AC's method will work in a small claims court. Court procedures vary by state and not all courts in all states will send litigants to mediation. My guess is that if you go in and say you neither affirm or deny the debt, the judge will look at documentation that the plaintiff brings in and enter an order against you.

My suggestion, which WASN'T a suggestion--we actually DID this in our local civil court in Florida. And yes, every state and civil court is a little different.

In our case, we answered a summons that was filed against 'Hub, because 'Hub had foolishly co-signed a car note for an acquaintance, who was on 'hard times'. We even gave this acquaintance a place to live--but that is another story. Acquaintance defaulted on the car note, and we started getting the dunning phone calls, we made him surrender the vehicle. Auto was sold at auction, and we both were dunned for the 'difference'.

When summoned to court, we told the judge and the Plaintiff's attorney, that we neither admitted or denied this debt. (We didn't owe this money, Acquaintance did, but 'Hub had co-signed...) She sent the case to Mediation, where we and the attorney were to work out a payment plan. The date the judge set, was on a day that we would be out of town, and could not change plans. The judge set the date for the following month--giving us almost two and one half months leeway. Before that time was up, we filed BK and our responsibility for that debt was discharged.

The Acquaintance now has a judgment for his debt, which he will probably never satisfy. He is 'collection proof'.

ETA: I DO agree with LITR. Pay attention to what your fellow Michegonean, DesdemonaB recommends...

[aaengel]

I'm in the Eastern District of Michigan, which isn't a part of Detroit's district.... I'll see what I can do

[DesdemonaB]

I'm in the Eastern District of Michigan, which isn't a part of Detroit's district.... I'll see what I can do

Eastern is Bay City, Detroit and Flint - do you mean you do not live within the Detroit Metro area? (Wayne, Macomb, Oakland)

[DesdemonaB]

No violation I can see. In fact, I just re-read the rules for what must be the hundredth time and I don't see anything that would prohibit you from posting the name of the organization that provides the clinics.

aaengel, if you aren't within a reasonable distance of these services, try contacting the organization to see if they can refer you to a similar organization in your area. And check your local court to see if they also provide a BK basics course.

Thanks Lady

Google: Common Ground
Google: Oakland County Law Library

If it can't help the OP - maybe it can help other MI folks. This is free - no income verification is required - but they will NOT represent you in court. This pro bono ADVISE only.

[aaengel]

Oh, I thought Detroit was another district? But driving where these meetings are at is quite expensive....

I'm too tired to think about this anymore right now... I'll figure something out.

[AngelinaCat]

But driving where these meetings are at is quite expensive.... I'm too tired to think about this anymore right now... I'll figure something out.

Perhaps you will figure out a different way to do lunch..... ???

[OhioFiler]

Well said. I tried to make that point in a much more subtle way. But your direct approach is what apparently is needed in this situation.

You with your scalpel, me, my sledgehammer. ;-)

I've never thought pussy-footing around on the bk forums was a good idea. The risks are pretty high for the debtor who does it wrong.

[aaengel]

If I filed on March 5, the day before this lawsuit.... if I used some of my student loan proceeds to legitimately pay back Chase the money I used over these past three months, do you think it would fly with the trustee if I went over the $600 amount to legitimately pay them back? Or do you think the trustee would attempt to go after the money, and Chase would still try to file adversarial proceedings? I just don't want to have to deal with this lawsuit...

[OhioFiler]

If I filed on March 5, the day before this lawsuit.... if I used some of my student loan proceeds to legitimately pay back Chase the money I used over these past three months, do you think it would fly with the trustee if I went over the $600 amount to legitimately pay them back? Or do you think the trustee would attempt to go after the money, and Chase would still try to file adversarial proceedings? I just don't want to have to deal with this lawsuit...

If you pay one creditor and not the others, the court will most likely get the funds back from Chase.

Why are you so afraid of this lawsuit?

[keepsmiling]

I think we need to give the OP a little bit of a break here. Not everyone is an expert on bankruptcy or realizes just how complicated it could become. The OP sounds very young and confused. To give him a little bit of credit, he did go out and buy a lunch bag to take his lunch with him so he is reading and taking advice. Everyone's idea of what is necessary is different. Not everyone believes that buying a Lexus and filing bankruptcy is a good idea but I don't see people making rude comments to them. Not everyone knows that there is a NOLO book out there. So I say we quit with the character assasanation and try to help him as best we can. We have to remember there are all types of people that come to this board for help..rich or poor, young or old, knowledgeable or naive. Some people have never posted on a forum before and don't alway's articulate what they are trying to say very well.

100%. Young, confused (aren't we all??), new to the board. Has already been making huge strides, bought the lunch bag, canceled the FL trip, is listening. Go easy mates.