Chapter 13 Discharged ... But It's Still Not Over ...

[HeatherB]

FH,

Just wondering if CU has made any offers or even tried to give you figures yet. Are they communicating with you (your attorney) at all?

[Boscoe]

FH - I will second that. Let's just hear that the judicial system of ours works and that those that thumb their nose at the judges pay a dear price.

Just let us know about when the hearing will be so we will know to tune in and find out what happened. I think your attorney will know what is reasonable for an offer from the CU and what is worth going back to court for.

This will be a real 'Judge Judy' moment if you end up back in court! Best of Luck!

[B12]

No need to post any figures FH, just the fact that you won will be sufficient!

[minime]

Hi everyone ... didn't check in over the weekend ... but it looks like I should've! haha

Just for the record ... I do know exactly how much my attorney is charging. I get a bill once a month that lets me know how much we've rung up in charges so far. My confusion came from questions regarding cases where the losing party pays legal fees/court costs.

This is drawn out ... but my question was this ... if I don't pay the billable hours each month and we win, then the attorney sends their bill directly to the CU and I'm out no money. But if I pay the billable hours each month ... and we win ... how do I get that money back from the CU? Do they pay me ... do they pay the attorney ... and he pays me back?

The first month I got a bill, I asked his associate how this situation works and he said he didn't know ... but not to worry about it. The second month I got a bill, I asked his secretary and she basically said the same thing ... she wasn't positive but that I shouldn't worry about it. So, I asked the attorney when I was there just to be SURE that no one thought I was blowing this obligation off. He said it the statements were just to let me know where we were at.

I'd like to think I have a pretty clear understanding of how things are working ... but I will admit that I come here to ask questions sometimes. I certainly don't expect the members of this forum to tell me only what I want to hear. In fact, I came here months ago to find out if the original title issue sounded odd to anyone ... and it quickly bloomed into the repossession situation we have now.

I can't begin to tell everyone how much I **appreciate** the support. If you disagree with anything I say ... or what's going on with our situation in general ... that's alright. Everyone's got a right to their opinion. But there's no sense in coming here and being nasty or negative. It really doesn't accomplish much ...

And PS - I'm not trying to be coy when it comes to figures and amounts. I'm going to be painfully honest with everyone ... one poster a few weeks back sounded suspiciously like a CU representative and it spooked me a little. I'm leary of posting the actual dollar amounts that my attorney and I are discussing ... but I'll be happy to post specifics once everything is settled. Sound fair? Someone asked for the exact date of the hearing ... I'm not ignoring that question but I left my notes at home. I'll try to log on tomorrow and post it.

You guys are the most helpful, supportive forum online ... and I really can't thank you guys enough for being there. Really ... you're all angels ...

I've quietly been reading your thread. All I want to say is you've been through enough and to have to come here where you seek support and have *!?/* make comments about what you spend on a vehicle is uncalled for. Keep your head up andwe all know quality used cars aren't cheap. Good Luck with everything.

[EveryDayAdam]

FeelingHopeless,

Don't worry about the legal fees. The judge already said that you won. The only question now is how much you're going to get. The Credit Union WILL be paying your legal fees in addition to any other damages deemed fit by the court. You'll likely be getting a nice big fat check to pay for your new car...plus any interest charges...legal fees...etc. The amount remains to be seen, but that's the only question...Either way, whatever amount you get, the credit union will also be paying your attorney's bill as well. The attorney knows this because the judge already said that much, so he's not worried about you paying it now.

[FeelingHopeless]

Hi everyone ... didn't check in over the weekend ... but it looks like I should've! haha

Just for the record ... I do know exactly how much my attorney is charging. I get a bill once a month that lets me know how much we've rung up in charges so far. My confusion came from questions regarding cases where the losing party pays legal fees/court costs.

This is drawn out ... but my question was this ... if I don't pay the billable hours each month and we win, then the attorney sends their bill directly to the CU and I'm out no money. But if I pay the billable hours each month ... and we win ... how do I get that money back from the CU? Do they pay me ... do they pay the attorney ... and he pays me back?

The first month I got a bill, I asked his associate how this situation works and he said he didn't know ... but not to worry about it. The second month I got a bill, I asked his secretary and she basically said the same thing ... she wasn't positive but that I shouldn't worry about it. So, I asked the attorney when I was there just to be SURE that no one thought I was blowing this obligation off. He said it the statements were just to let me know where we were at.

I'd like to think I have a pretty clear understanding of how things are working ... but I will admit that I come here to ask questions sometimes. I certainly don't expect the members of this forum to tell me only what I want to hear. In fact, I came here months ago to find out if the original title issue sounded odd to anyone ... and it quickly bloomed into the repossession situation we have now.

I can't begin to tell everyone how much I **appreciate** the support. If you disagree with anything I say ... or what's going on with our situation in general ... that's alright. Everyone's got a right to their opinion. But there's no sense in coming here and being nasty or negative. It really doesn't accomplish much ...

And PS - I'm not trying to be coy when it comes to figures and amounts. I'm going to be painfully honest with everyone ... one poster a few weeks back sounded suspiciously like a CU representative and it spooked me a little. I'm leary of posting the actual dollar amounts that my attorney and I are discussing ... but I'll be happy to post specifics once everything is settled. Sound fair? Someone asked for the exact date of the hearing ... I'm not ignoring that question but I left my notes at home. I'll try to log on tomorrow and post it.

You guys are the most helpful, supportive forum online ... and I really can't thank you guys enough for being there. Really ... you're all angels ...

[B12]

I think the moderators do a fine job of responding to negative posts here.

One thing that is very disturbing, though, is the name calling by posters. Do unto others...............

[$$only4ever]

I think Hansky and the other negative posters are only trying to get attention. How else can you explain their indefensible positions on this topic? Why be argumentative here?

But lrprn said it best. Keep it up and it won't be for long.

I used to go to another forum and everyone fought with everyone else. People were defensive and argumentative about everything.

One simple rule for everyone to follow: If you can't say something nice, then say nothing at all. Bankruptcy is stressful enough........who needs the negative posters to add to the situation.

[Boscoe]

I think Hansky and the other negative posters are only trying to get attention. How else can you explain their indefensible positions on this topic? Why be argumentative here?

But lrprn said it best. Keep it up and it won't be for long.

[JollyGG]

Deleted my response to hansky as it was nonconstructive and argumentative.

Plus I don't want to sidetrack this fascinating thread by pointless bickering.

Can't wait to hear from FeelingHopeless if the issue was able to be resolved to her satisfaction.

[hansky]

I see your judgmental approach hasn't changed one bit since you were here the last time and quit us in a huff, Hansky.

FH knows exactly what her lawyer is charging - his office sent her a bill - that's why she was asking about how to make the payment, not what the payment was. Next time read the whole post carefully before jumping to conclusions and calling someone negligient who isn't.

If this is a preview of what to expect from you again this time around, don't expect to stick around for long...

The posts clearly indicate -- in basic English -- that there is no firm understanding of the specific terms of payment. That is not even debatable to people with basic sense and an ability to read. If, as indicated in a prior post, you are more interested in pats on the back rather than facts, so be it. That explains how many people get into the situation they are in, and never change and why you need to project with the "quitting in a huff" nonsense when someone else obviously has a little -- actually, a lot -- more knowledge and insight. You certainly should be proud of the last comment - true character at work.

[lrprn]

It is extremely negligent to not know exactly what your attorney is charging and how the fee is to be paid.

I see your judgmental approach hasn't changed one bit since you were here the last time and quit us in a huff, Hansky.

FH knows exactly what her lawyer is charging - his office sent her a bill - that's why she was asking about how to make the payment, not what the payment was. Next time read the whole post carefully before jumping to conclusions and calling someone negligient who isn't.

If this is a preview of what to expect from you again this time around, don't expect to stick around for long...

[B12]

And....adults calling people names is a bit sophomoric.

[hansky]

Hey everybody - just a quick update. I went in last night for a pre-trial meeting with our attorney. He basically just sat down and we went over from day one what happened ... from beginning (filing bankruptcy) to the end (us getting the van back). He was very friendly ... a nice surprise. haha He doesn't know if we'll get everything we ask for ... but he's ready to fight for it. We discussed what kind of offer they would need to make ... things like that.

But, the reason I'm writing ... I thought this might help other people who wind up going to court ... I asked him about the billing. I recently got a "late notice" from his billing people ... so before we left, I asked him how the money end of this worked ... specifically, did I need to write him a check ... or did we wait until the end.

He said, "No no no ... I don't need any money from you. Those statements are just to let you know what we're doing over here." I said, "Well, I got a late notice and I just don't want you to think I'm blowing you off." He said, "I'll talk to my people about the late notices ... nothing is done on your account until after the trial."

So that's my short story. He said we'll meet again one more time before the court date unless they offer us a settlement. I'll update you guys again after our next meeting ... or ... if we get an offer ...

HUGS

It is extremely negligent to not know exactly what your attorney is charging and how the fee is to be paid. It is a business relationship - not charity. There is a reason bar associations require written fee agreements in many, of not most, cases and a reason why malpractice insurers require them. Many disputes have arisen from vague fee arrangements.

[hansky]

This is a forum to be supportive or don't bother showing up.

I didn't realize in reading the introductory information or the forum rules that only responses that are "supportive" are allowed. I understood that this was for information exchange - "supportive" or otherwise. Friends and family are best for telling people only what they want to hear.