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Help! Mostly won AP but suspect appeal will be filed

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  • Help! Mostly won AP but suspect appeal will be filed

    I filed an AP pro se. I tried to settle before trial but ECMC would have none of it. Judgment dismissed $28K of my student loans, and required me to pay $8K.

    The opposing counsel has filed for a transcript and the little box that says 'is this for an appeal.' If they appeal, WTF do I do next. I just want this nightmare over. I was treated for a very, very bad type of cancer two years ago and I do not need this stress in my life. I really, really despise the opposing counsel. He freaked out on me during the trial, and I almost started laughing at him because he was acting like such an a$$hole. I think he thought he was being some sort of tough guy.

    Anyway.... Any advice would be really, really appreciated so I can get to work on my appeal response or whatever it is I will need to file. I think the admission of some exhibits will be the substance of their appeal. They submitted a motion in limine trying to exclude some of my exhibits. I filed a response that the judge agreed with and the exhibits were introduced. Some of the exhibits were admitted for hearsay purposes because they were produced by the National Cancer Institute pursuant to the National Cancer Act.

    Complicating issues is that I am out of the country until July.

    HELP!!!!!!!!!!

  • despritfreya
    replied
    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.

    Leave a comment:


  • AngelinaCat
    replied
    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!!

    Leave a comment:


  • wipetheslate
    replied
    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. ;-)

    Leave a comment:


  • despritfreya
    replied
    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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  • wipetheslate
    replied
    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...

    Leave a comment:


  • despritfreya
    replied
    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.

    Leave a comment:


  • wipetheslate
    replied
    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.

    Leave a comment:


  • justbroke
    replied
    I'm late to say this, but congratulations for your tenacity and endurance!

    Leave a comment:


  • pamkev
    replied
    Don't know what this is all about but it sounds like it's good news so great job

    Leave a comment:


  • keepsmiling
    replied
    Woot woot way to go!
    ECMC ------ POUND SAND!!!

    Leave a comment:


  • ValleYum
    replied
    Yay for you, WTS!! Yay!

    Leave a comment:


  • LadyInTheRed
    replied
    Congratulations, wipetheslate!

    Leave a comment:


  • wipetheslate
    replied
    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.

    Leave a comment:


  • despritfreya
    replied
    Wipetheslate.

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

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

    “ORDERED PUBLISHED. . .

    Conclusion. . .

    Having determined the bankruptcy court’s factual findings are not clearly erroneous and the bankruptcy court correctly applied the Brunner test, we AFFIRM.”
    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.

    Leave a comment:

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