Help! Mostly won AP but suspect appeal will be filed

[despritfreya]

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.

[AngelinaCat]

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!!

[wipetheslate]

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. ;-)

[despritfreya]

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.

[wipetheslate]

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...

[despritfreya]

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.

[wipetheslate]

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.

[justbroke]

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

[pamkev]

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

[keepsmiling]

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

[ValleYum]

Yay for you, WTS!! Yay!

[LadyInTheRed]

Congratulations, wipetheslate!

[wipetheslate]

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.

[despritfreya]

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.

[flickflock]

Okay I'm officially annoyed. I typed out a lengthy response twice only to have them not be submitted and me be directed to another Reply to Thread page.

Short answer: I used the Bankrupt your student loans book for the initial filing of my AP. Beyond that, it was research via Google and PACER. I made sure to read the Trial Brief and judgements involving the judge overseeing my case and the attorneys representing ECMC and also find as many recent cases in the ninth circuit as I could.

Thanks for the info! I was wondering if I should invest in that book.

Good luck on your continued fight! Keep us updated.