adversarial proceeding

[OhioFiler]

I wasn't anticipating the AP per say. I was anticipating them wanting the bike back or to eat least hear something from them since they showed at the 340 and informally requested a 2004. There isn't anything more to the story than what im telling you. I think that everyone thinks there is more involved...which is probably why I got the AP. I just got a copy of the AP, i'll get it formated and posted for review.

This is what you posted the other day:

So I just got off the phone with my attorney. We are in agreement thet there are no lien on the bike but is afraid that a creditor may file an AP. The situation is sticky.

[Meh]

I wasn't anticipating the AP per say. I was anticipating them wanting the bike back or to eat least hear something from them since they showed at the 340 and informally requested a 2004. There isn't anything more to the story than what im telling you. I think that everyone thinks there is more involved...which is probably why I got the AP. I just got a copy of the AP, i'll get it formated and posted for review.

[OhioFiler]

It will be interesting to hear what they entered in their AP.

How would they even know he got the asset back? Finding assets is usually something the trustee or UST would go after.

Read this thread: http://www.bkforum.com/showthread.php?t=43668&page=2



He was anticipating the AP. I think there is more to the story than we're reading.

[shabam]

It will be interesting to hear what they entered in their AP.

How would they even know he got the asset back? Finding assets is usually something the trustee or UST would go after.

[OhioFiler]

Tell us what you find. You made 20 months worth of payments on the loan. Therefore, how can you have intended to defraud them.

Well he is back in possession of the asset that the bank thought was long gone and had modified his secured loan to an unsecured loan. They probably find the idea that the motorcycle incredibly reappeared just after the bk filing as possibly a fraudulent event.

[shabam]

Tell us what you find. You made 20 months worth of payments on the loan. How can they legitimately claim you intended to defraud them?

[Meh]

I made payments on the loans from October 2007 until i filed in May of 2009 with out being late or missing one payment. I have not seen the actual AP on pacer yet, i'll login shortly to see if I can find it.

[shabam]

When they say fraud there has to be a range of reasons. They cannot possibly just go after you based on your rent figure. If they are only going after you for that, I would definitely go to court. They would have to prove you were or were not paying rent. When its out of the 60/90 day rule, the creditor must have a credible case. They cannot just pull something out of the hat and accuse you of fraud. There has to be some sort of intent on your behalf.

How many payments did you make on the loans? Have you looked on pacer to see your actual AP?

[Meh]

I got a call from my attorney this morning stating that an AP has been filed against my by a credit union I owe money to. They're seeking something like 15K (about what I owe them for various loans). They're citing fraud as there reasoning. My only mistake was telling them that I paid no rent when I live with my mom (which I didn't at the time, but shortly there after, I did). It was a very off and on thing. I would pay rent when she needed help, and when she didn't, I wouldn't have to pay anything. Her health is up and down so bills come along from time to time. There is also the qustion of a motorcycle that I bought via a loan from this credit union which was stolen 2 months later (back in 2007) and recently recovered (2009) in pretty beat up shape. I think that it's possible they think I had something to do with the theft of the motorcycle or something which I didn't and I can prove. They converted their loan from secured to unsecured when they couldn't get the title due to it being stolen and then doubled my interest rate on the loan which I continued to pay without fail. Out of all my creditors, these guys were never paid late because they deducted from my paycheck every 2 weeks. I meet with my attorney on Weds to find out how much is going to cost me to retain him for the AP and what our options are.

Im thinking that I can give them the beat up bike back (my only asset) and try to make a settlement with them on the 15K or so that they want. Id rather not give them anything (bike or money), but I am a realist and I don't have the money to fight this tooth and nail. Im not 100% sure it's worth going through the litigation and ending up on the hook for the 15K as a judgement. My gut tells me to fight for what is right, but my brain says take a settlement if they will offer one. Im looking for some wisdom here. Please feel free to chime in.... I need a drink