Complaint to Determine Dischargeability and for Willful Violation

[Goldfish]

Thanks Tiger. gf

[koruption]

Good luck and let us know!

I am drawing up and filing my own today. A payday loan place that I had informed and given the case # too last week, and that had threatened to withdraw anyway, did so today.

So instead of creating a new thread, i'll ask a question here:
Should I go to the Payday place and demand the money back and say "no harm no foul" (basically), or consider it gone until it is heard in court?

[justbroke]

You need to do it in writing. I would do it certified mail return receipt and demand a response in 5 days. No response, then you may want to do this by Motion instead of by adversary. I had to go the adversary route because my creditor is non-responsive and they have interpreted the law a particular way, so I think only a trial can get us past the deadlock.

As stated in the other thread, you may want to start with a Motion to Compel Turnover. Depending on your District, you may be able to file this with negative noticing. In any event, it's going to take several weeks to get this through the Court. An adversary proceeding has a 120-day window before any trial would ever start, and the first "scheduling" conference won't happen until 60-90 days after you file it anyhow!

[koruption]

Sounds good, I will try it. I'm stopping in today to file some other paperwork and a few more creditors that popped out of the paperwork, I'll ask procedurally too to make sure I have the right form and information on it.

In a side note - i didn't realize how efficient our local bankruptcy and federal court is. Our 341 is June 1st, less then 30 days after filing. And our federal court here is so efficient we are hosting a bunch of patent infringement trials for apple, nokia, nintendo, etc later this year. apparently we are a "fast track" district lol.

[justbroke]

Goldfish, I never directly replied to your query from earlier, and I apologize.

This is not an FDCPA or TILA or RESPA or (insert your favorite 3, 4 or 5 letter acronym for some federal or State consumer protection law/act) violation. This is specifically a Bankruptcy violation under 11 USC 362 with the continuation of the collection of a debt that is dischargeable and covered by the automatic stay provisions in 362. It's that simple.

[justbroke]

Prepare the complaint thoroughly and you wont have to "argue" a thing.

Apparently I have prepared it so well... there will be no argument. More later!

[tigergem]

Apparently I have prepared it so well... there will be no argument. More later!

What's going on with this, jb?

[justbroke]

What's going on with this, jb?

Well, I don't want to talk about it.

[walkthaplank]

Well, I don't want to talk about it.

When might you want to talk about it?

[tigergem]

When might you want to talk about it?

Not til after you pry him with the appropriate quantity of margaritas.

[justbroke]

When might you want to talk about it?

Once the case is closed. Since it's active litigation, I don't want to jinx the current status of the case.

[Goldfish]

Are you a superstitious person?

Or concerned about something else?

P.S. My Census job should be over this week. Only 2 things about it right now. [Otherwise too much to say]
-- One respondent didn't want to give race info today, citing the Japanese internment during WWII. I've just Wikopedia-ed it, and yes the Census Bureau's info was used to locate these people. [Did they have a privacy standard at that time? Did any law condemn it after the fact? Did we just change our rules of practice? lots of open questions]

-- There was some news blurb yesterday about census people climbing fences etc to get their info. I wish I knew the source.

There are reasons people sometimes choose to remain mysterious.

gf

[justbroke]

I'm "itious", but in this case... litigious and cautious.

[tmoschetto]

I'm "itious", but in this case... litigious and cautious.

Ooooh, I want to play!! "itious"? Surreptitious??? JB is a big tease

[justbroke]

Many would probably think I'm fictitious since I can't be real. Perhaps I'm just deletitious or maybe just too ambitious.