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Help! Mostly won AP but suspect appeal will be filed

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    #16
    Originally posted by despritfreya View Post
    Wipetheslate.

    Bumping this thread. . . and I hope you are still subscribed to it. . .

    I just wanted to congratulate you . . . 9/11/12. . .



    I realize this board is suppose to be anonymous but your efforts will help others that come after you. You were forced into an appeal and, as it turns out, your pro se victory will set precedent in the 9th Circuit - although each case does turn on the specific facts. With any luck, lenders will think twice about putting debtors through what you had to endure.

    Hopefully this will be the end and there will not be an appeal to the 9th Circuit Court of Appeals.

    Best regards,

    Des.
    Thanks Des! I haven't received anything in the mail yet, and I hadn't checked PACER in a couple weeks. Fingers crossed they are going to cut their losses and not appeal again.
    Filed Ch 7 pro se Oct 2010 . Filed student loan AP pro se Feb 2011 . Discharged Feb 2011 . AP trial 1/10/2012 . $28K in student loans dismissed Jan 2012 . ECMC appealed. Appeal hearing 7/2012. Original judgment upheld 9/2012.

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      #17
      Congratulations, wipetheslate!
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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        #18
        Yay for you, WTS!! Yay!
        ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
        Not an attorney - just an opinionated woman.

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          #19
          Woot woot way to go!
          ECMC ------ POUND SAND!!!

          Keep On Smilin'

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            #20
            Don't know what this is all about but it sounds like it's good news so great job

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              #21
              I'm late to say this, but congratulations for your tenacity and endurance!
              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.

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                #22
                So it's been 14 days since the 9th circuit BAP decision came down, and no sign that ECMC is going to appeal to the 9th circuit Court of Appeals. Does this mean things are done? Can I ask to be reimbursed for my expenses related to the appeal? I have photocopying and mail expenses, and I'd love to bill for some of my time spent working on the appeal.
                Filed Ch 7 pro se Oct 2010 . Filed student loan AP pro se Feb 2011 . Discharged Feb 2011 . AP trial 1/10/2012 . $28K in student loans dismissed Jan 2012 . ECMC appealed. Appeal hearing 7/2012. Original judgment upheld 9/2012.

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                  #23
                  Wipetheslate,

                  Unfortunately, under Rule 4(a) of the Federal Rules of Appellate Procedure, the time to appeal to the Court of Appeals is 30 days from the entry of the judgment.

                  Des.

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                    #24
                    Originally posted by despritfreya View Post
                    Wipetheslate,

                    Unfortunately, under Rule 4(a) of the Federal Rules of Appellate Procedure, the time to appeal to the Court of Appeals is 30 days from the entry of the judgment.

                    Des.
                    TY. I couldn't find anything in the local rules. 15 more days...
                    Filed Ch 7 pro se Oct 2010 . Filed student loan AP pro se Feb 2011 . Discharged Feb 2011 . AP trial 1/10/2012 . $28K in student loans dismissed Jan 2012 . ECMC appealed. Appeal hearing 7/2012. Original judgment upheld 9/2012.

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                      #25
                      Wipetheslate. . .

                      Update please.

                      30 days has now long passed. Was an appeal to the 9th Circuit filed? If not, the BAP decision is final.

                      Des.

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                        #26
                        Nothing filed! Thanks for the reminder as I meant to update here, but I've been traveling a lot.

                        Such a relief. I keep meaning to call the court in Hawaii to ask to be reimbursed for expenses. For example, I had to mail stuff from Paris, which wasn't cheap. And my time ain't cheap, either. Would that be too ballsy? I fantasize about ECMC ending up owing me money. ;-)
                        Filed Ch 7 pro se Oct 2010 . Filed student loan AP pro se Feb 2011 . Discharged Feb 2011 . AP trial 1/10/2012 . $28K in student loans dismissed Jan 2012 . ECMC appealed. Appeal hearing 7/2012. Original judgment upheld 9/2012.

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                          #27
                          It looks like 'no news is good news'. I hope it stays that way, or that any notification will be good for you... Belated Congratulations!!
                          "To go bravely forward is to invite a miracle."

                          "Worry is the darkroom where negatives are formed."

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                            #28
                            Originally posted by wipetheslate View Post
                            I keep meaning to call the court in Hawaii to ask to be reimbursed for expenses. For example, I had to mail stuff from Paris, which wasn't cheap. And my time ain't cheap, either. Would that be too ballsy?
                            Rule 8014, Federal Rules of Bankruptcy Procedure states:

                            Except as otherwise provided by law, agreed to by the parties, or ordered by the district court or the bankruptcy appellate panel, costs shall be taxed against the losing party on an appeal. If a judgment is affirmed or reversed in part, or is vacated, costs shall be allowed only as ordered by the court. Costs incurred in the production of copies of briefs, the appendices, and the record and in the preparation and transmission of the record, the cost of the reporter's transcript, if necessary for the determination of the appeal, the premiums paid for cost of supersedeas bonds or other bonds to preserve rights pending appeal and the fee for filing the notice of appeal shall be taxed by the clerk as costs of the appeal in favor of the party entitled to costs under this rule.
                            I do not know what the time frame is in requesting costs. I don't think your mailing expense is covered but could be wrong. Never hurts to ask.

                            Glad it's now over.

                            Des.

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