Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

AP notice received today ... scared ... stressed ... long story thanks for helping

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Me too.
    Thank you again!
    Happily accepting help and advice from any and all helpers

    Comment


    • So trial is coming up next Tuesday the 25th. I haven't done much in the last two months because honestly, when I think about the trial, I get headaches and shakes and I can't sleep. I just want it to be over with, win or lose (but hopefully win).

      I did find a piece of evidence that we submitted of the instance company saying that they wouldn't pay the 2nd company because they already paid the first company for the work, thus we had to pay it out of our own pocket.

      Can anyone give me pointers about what I should do to prepare for the trial? Do I need to prepare opening and closing statements, or is this basically them grilling me and me answering questions?

      Been awhile, thanks for listening.
      Happily accepting help and advice from any and all helpers

      Comment


      • Trial came and went. I thought we did a great job of explaining our position. We rested our case and felt good that it was over. Well, we received the ruling today, and we lost. Just proves my theory that money can buy you anything. Had I been able to afford an attorney, we would have had a way better chance. Anyhow, I don't know what happens next. They already have a writ of garnishment. I'm more scared about a bank account levy...is that something they will do even if they are garnishing my wages?

        I'm a head of household, and I've been reading I can file an exemption with the civil court to reduce or remove the garnishment completely...does anyone have experience in this?

        Thanks for watching and thanks for all your help!!
        Happily accepting help and advice from any and all helpers

        Comment


        • I sorry to hear that you lost the case. I've been following it. I'm sure others will have some answers to your questions. Wish you the best.

          Comment


          • Thank you!
            Happily accepting help and advice from any and all helpers

            Comment


            • Originally posted by scbendel View Post
              Trial came and went. I thought we did a great job of explaining our position. We rested our case and felt good that it was over. Well, we received the ruling today, and we lost. Just proves my theory that money can buy you anything. Had I been able to afford an attorney, we would have had a way better chance. Anyhow, I don't know what happens next. They already have a writ of garnishment. I'm more scared about a bank account levy...is that something they will do even if they are garnishing my wages?

              I'm a head of household, and I've been reading I can file an exemption with the civil court to reduce or remove the garnishment completely...does anyone have experience in this?
              No way to tell how they will choose to execute the judgment. I can't tell you what the requirements are to declare Head of Household for purposes of a Writ of Garnishment once the creditor attempts to collect. A smart collector would go after everything that they can levy or garnish. Again, I don't know what the specific are for your State. (Des will probably pop in at some time and let us know.)

              I am sorry to read about your loss in the Adversary Proceeding. They are tough and when a creditor typically files an AP (complaint) they are usually pretty sure that they have better than a 50-50 chance of winning. It's just the nature of the trial system.

              So it was likely decided on the malicious part since you earlier wrote that the Judge even mentioned that the plaintiff had already proven the "willful" component. That was a tough one.
              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


              I am not an attorney. Any advice provided is not legal advice.

              Comment


              • Malice was indeed hard to prove, and they couldn't attack us directly as we were very honest and straight forward. The judge actually said he appreciated my candor, which I thought was a good sign. The opposing counsel couldn't even prove his case until the closing arguments, when he cited 4 cases that stuck us with inferred malice, enough in AZ to convey actual malice.

                It sucks, but I'm glad it's over.

                Now the fight to protect what little money we have behind...and I'm afraid it's going to be a longer fight than this last three years.
                Happily accepting help and advice from any and all helpers

                Comment


                • Originally posted by scbendel View Post
                  They already have a writ of garnishment. I'm more scared about a bank account levy...is that something they will do even if they are garnishing my wages?

                  I'm a head of household, and I've been reading I can file an exemption with the civil court to reduce or remove the garnishment completely...does anyone have experience in this?
                  The exemptions here in Arizona are some of the worst in the nation, and unfortunately, there is nothing to prevent a judgment creditor from garnishing your wages AND levying your bank account--at the same time. Although there is a process to object to the 25% garnishment on hardship grounds, in which case, the judge will likely lower the amount garnished from your pay to 10%-15%, there is no option to protect money in a bank account. Anything over the pathetic $150 exemption amount is fair game, and if your account happens to be levied with more than $150 in it, the bank will likely eat up the remaining amount with bank fees. (Interestingly enough, if the bank receives a writ of garnishment and there is LESS than $150 in your account, then the bank will file a request for release of garnishee on the grounds that no funds are available, and you will NOT be charged any bank fees for this.)

                  I suggest you keep no more than $150 in the bank until this is resolved, which will basically mean until either the creditor recovers its full balance plus interest through garnishing your wages, or alternatively until the judgment statute of limitations expires. The only good thing about judgments in this state is that they only last for 5 years, and can only be renewed once. So if the creditor fails to renew when the 5 years expire, you are home free. If they do renew, then the judgment will remain enforceable for another 5 years, but after that it cannot be renewed again, even if there is unpaid balance remaining.

                  Comment


                  • Thanks for the heads up!
                    So for example: I only have $50 in my bank account right now.
                    How does the levy process work if I have direct deposit? If they garnish my paycheck for 25%, can they then turn around and take the rest of my paycheck from my bank account? Or is the levy a one time thing? I'm not sure exactly how that works. Will I have time to empty my account after the direct deposit hits? Kinda seems like totally unfair double dipping IMO.

                    Also, when requesting exemptions for the payroll garnishment, I'm also being hit for child support... Can that come into play also?

                    Thank you!
                    Happily accepting help and advice from any and all helpers

                    Comment


                    • Originally posted by bcohen View Post
                      Anything over the pathetic $150 exemption amount is fair game, and if your account happens to be levied with more than $150. . . I suggest you keep no more than $150 in the bank. . . If they do renew, then the judgment will remain enforceable for another 5 years, but after that it cannot be renewed again, even if there is unpaid balance remaining.
                      While I have already sent a PM to OP, I wanted to clarify/correct the above two points.

                      1. The state exemption for funds in a bank account is now $300.00 per person ($600.00 for a married couple). Still not a lot of money.

                      2. Pursuant to ARS 12-1612 (E), a properly renewed judgment is good indefinitely. “Additional and successive renewal affidavits as provided for in subsection B may be made and filed within ninety days of expiration of five years from the date of the filing of a prior renewal affidavit.”

                      There is tons of case law dealing with renewals. Many creditors get caught on the timing by not properly calculating the 90 day period but the judgment, if properly renewed, can be good for many, many, many, many years to come until paid in full.

                      Des.

                      Comment


                      • Hi, Des. Has the law recently changed with regard to judgment renewals? I know that when I was sued by Gurstel Chargo/Discover Bank, I was advised (by an attorney) that funds in a bank account were exempt to only $150, and that judgments could only be renewed once. So are you seriously saying that a consumer creditor such as the one in this case can now follow a person to the grave?

                        Comment


                        • Originally posted by bcohen View Post
                          Hi, Des. Has the law recently changed with regard to judgment renewals? I know that when I was sued by Gurstel Chargo/Discover Bank, I was advised (by an attorney) that funds in a bank account were exempt to only $150, and that judgments could only be renewed once. So are you seriously saying that a consumer creditor such as the one in this case can now follow a person to the grave?
                          BC,

                          The exemptions changed in September. 2013.

                          The renewal of judgments has been the law for as long as I can remember so the attny you spoke to was incorrect. I have dealt with this issue a few times because creditors tend to miscalculate the 90 renewal time frame thinking they run the 90 days based upon the original filing, not from the day the renewal is filed.

                          Des.

                          Comment

                          Unconfigured Ad Widget

                          Collapse
                          Working...
                          X