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Vehicle re-affirmation or 722 negotiation (trainwreak)

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    #16
    I spent most of yesterday preparing to amend my motion to correct the loan date, and wrote a response to the objection, but it turns out I didn't need it.

    When we went before the Judge this morning, I didn't have to argue anything - the Creditor kept jumping in and interrupting, and the Judge finally asked if the only point of contention was the condition of the vehicle, and the Creditor responded that the condition was irrelevant because it was caused by my failure to maintain the vehicle, and they went back and forth a bit, and the Judge said the condition as of the date I filed, needed to be taken into consideration, and asked her if she had inspected the vehicle. Since the Creditor hadn't, the Motion was continued so this could take place.

    So... this was basically the same stuff in my response, and now I'm waiting for the next move and taking more time to prepare.

    Thanks. =D

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      #17
      Nice. See what happens when you open your mouth too much in front of a Judge. You did the right thing!
      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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        #18
        and the continuance for the motion was last week...

        the creditor is now claiming that upon inspection, the vehicle is now, not only worth twice the loan amount, but over $1,800 higher than NADA retail.

        and a trial order was entered...
        and the witness lists, exhibits are due at the end of this week
        objections early next week and then the trial date.

        ..and today, my appraiser asked for double the appraisal fee to actually appear in court...

        So... while I need to "Plan B" it, now, this is where I want to throw in the hat.

        This whole redemption thing? 3 months, two continuances and now a trial, over a $2k disagreement?

        Between appraising, printing, serving, consulting, not to mention (or include) time, I have spent at almost 10% of the original loan value, and although that isn't much, it's all I can do. Take my 10%, and factor in their attorney fees, appraisals, and whatever, and this becomes even more ridiculous.

        I'm so done, except, there's only two weeks to go... and no harm in seeing it through...

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          #19
          Maybe you can file a stipulated order. Get them to meet half way.
          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.

          Comment

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