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

[Boscoe]

FH - Do you have a date yet? You mentioned Nov 7 or 8, do you have an exact date yet, so us fans of this thread (and advocates of your position) will know about when to expect your good news?

He sounds like a good lawyer. He KNOWS he is going to collect ALL of his fees from the credit union, so he is not worried about collecting a dime from you personally. And he is understandably hedging his bets by not promising the sun, the moon and the stars....

I'm interested to know what he is thinking in terms of minimum settlement. But keep that to yourself, at least until after the trial is over or final settlement is made and is in writing.

That CU had better make a reasonable offer before the trial date, or that judge is going to be one p'd off individual! And if that happens, you will see heavy sanctions!

I still think that you will be compensated in full for that car you own now. Especially if those buffoons at the cu don't play ball before the 8th.....

[lrprn]

Sounds like it was a very positive meeting, FH! Hang in there - looks like your case is progressing, even if it is at the typical "slow as molasses/watching paint dry" pace Thanks for the update!

[FeelingHopeless]

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

[lrprn]

Yes, lrprn, great job taking care of that bow wow problem.

In this case, one of our other moderators deserves all the credit as the official "bowwow exterminator"....we mods operate quietly but watch out for our bite!

[B12]

Wow, this mob mentality is scary.

"Sleazy lawyer"
"Nail the guy"
"Carve the guy up"
"Take care of this like you did the other"

FH, you have been wronged and I sincerely hope you are compensated. There is no justification that the CU can offer you for your anguish over this situation. I cannot even imagine how scared you were when they came to repossess the van.

They were wrong, the employee was not trained properly and unfortunately, she probably lost her job and was not given another chance. A mistake was made.

Their lawyer is fighting for the credit union just as our lawyers fight for us.

Barring circumstances outside one's control, we are all here because of a mistake we made.

Be glad the system is giving us another chance, and not persecuting us.

FH, I wish you all the best and hope it turns out to your satisfaction. You are the only one that can make that determination.

[MajorMike]

$16,000 is NOT expensive by ANY means!!! I'm used to paying 35-40k for a car...and now probably would do 25-30...for a reliable car that would get me through the next 5 years. To buy a cheap car is stupid!!! This guy is obviously not reading the thread and even so, doesn't "get" what FH has been through. They REPO'D HER DAMN CAR AFTER SHE WAS DISCHARGED!!!!

[chpxiii]

FH - probably October 8th. My birthday is Oct. 7th and it's on a Sunday. Unless your lawyer will meet with you on the weekend...

BTW, Boscoe is right. "Reasonable offer". $500 or ven $1,000 isn't reasonable. In the grand scheme of things, $1,000 is not that much money. Of course, when you don't have it, 1 grand may as well be 1 million, I've been there before. But seriously, you've spent far more than a grand...not including attorney fees. There's time, etc.

Oh, I told my boyfriend about what's going on and the result from yesterday. He said, "Good!" and that he hopes you're no longer at that credit union. So, you have another one rooting for ya!

[Boscoe]

FH - he has to make a "reasonable offer", which would include the cost of your replacement vehicle and amounts to cover your inconvenience and emotional stress (both you and spouse). That is very subjective, but I really honestly don't see how less than $10k would cover it.

I personally would hold out for more, and then enjoy the guy getting carved up in front of the judge, but this is totally your call.

[FeelingHopeless]

And this is what i was wondering from the start, no need to get
pissy, or mad at me because you overpaid.

Probably 70,000 - 90,000 miles, eh? Try just over 42,000. But more importantly ... lemme say this just one more time. The vehicle priced out. The CU would not give me a loan for $16,000 for a vehicle that was ... what did you say? Worth a couple thousand?

I'm sorry you disagree with my choice of vehicles ... but, luckily for you ... you aren't in my shoes. Let's sing this chorus just one more time ... I went out that morning and chose a vehicle that was a) reliable and b) affordable. And, quite frankly, Forrest ... that is all I have to say about that.

[Boscoe]

Another idiot post.

If you read any of these posts, FH is a "she".

lrprn, do your thing and take care of another problem.

This guy doesn't get it either. Those in attack mode are not welcome here. This is a forum to be supportive or don't bother showing up.

[FeelingHopeless]

Well, my hubby and I discussed that a long time last night. All things being equal, I'd rather take a settlement and be done with this thing. However, I think their attorney's "five hundred bucks" comment doesn't bode well for the settlement issue.

My only concern is this ... if he offers, let's say, $1,000 plus legal fees ... and we turn it down ... then I'm concerned it will look to the judge as though we're trying to be greedy. I mean, you know he's going to come back to court at that point and say, "Well, your honor, we triiiiiieeeed ... "

In any case, that's just a concern that I need to bring up with our attorney. His assistant just called me a few minutes ago. They want to have a pow-wow and go over our game plan.

He explained that, although we've got a long time to go before the actual court date, they want to sit down and talk about damages and what we expect versus what we would settle for ... so that, if they DO make an offer, we'll all be on the same page. He apologized ... he said he knew I'd told him the story and John the story and just about *everybody* the story ... but they would want to go over it again. And ... I said that'd be fine. I'm thinking rrockinggramma is right ... I need to make notes on dates and times and such. Luckily, I've been posting on this thread right here since the moment that train jumped the track ... so reconstructing everything won't be hard.

They're thinking October 8th ... but I need to get together with the hubster and find out if that works for him too ... I should have more to share shortly.

[dscurlock]

FH - Don't even give these people the satisfaction of responding anymore. They know not of what they speak. Just focus on tomorrow when things will become clearer.......best of luck. The other 99% of us are pulling for you and want to see justice served......and I know we will.

I thought "no personal attacks" was a requirement of this forum. Moderators - please feel free to jump in and give everyone the reminder. It is pretty insulting to FH and others when uninformed people attack without having their facts straight.

personal attack, dont care less, uninformed, hardly,,
he/she wanted a reliable vehicle, so he got a 2004 that probably had 70,000-90,000 miles at a price of $16,000 - the car is barely worth a few grand at best,...thats just common
sence....this was his bad decision, I was just wondering
why he made it... he/she already admited fron the start that she did not care at first about the van, why would anyone think any different, they did not care about what they bought,
at best, just one day after repo.

how you want to take my statements is up to you,
i could care less. I was just stating the obvious that
everyone else is afraid to say, maybe in fear of
being insulted...

it was no intention to insult anyone, but anyone with eyes
could see the fact they screwed you, that fact is clear...
and you keep saying I needed something reliable, how
is a used 2004 vehicle with miles reliable? and you do not
have to explain it to me, I dont care, I was just stating the obvious.
if you can not see that you overpaid for this vehicle, no problem.

and this is what i was wondering from the start, no need to get
pissy, or mad at me because you overpaid.

[rrockinggramma]

FH, I don't think the phone records will matter much because your lawyer has their Fed Ex notice of reposession which was delivered during work hours etc. You might not need the phone records. Fed Ex has everything tracked and time dated etc so that will help the timeline if it is called into question. And I bet the CU does offer a settlement but maybe like 1000.00 You will go to trial for this one and win big. I would reconstruct a diary of events and approximate time logs etc so you are clear on the facts if you testify. Being on the stand causes jitters and it is easy to forget details that could be important. I think in the end, you will get at least 25 K. CU need to understand that they are not above the law. LOLOL

Good luck! can't wait to hear more about this!

[HeatherB]

I'm so happy...lol

Okay, Am I the only one living vicariously through FH.

I mean, following all the posts.... at first I felt disbelief, then relief, then joy (and actually almost cried tears of joy at the latest events - could be a hormonal thing, though.)

FH, oh, it would be so sweet to be able to sit in as a supporter at your next trial. I would almost feel as if I was at a live soap-opera recording. But this one is real life! Forget Jerry Springer! LOL

I'm so happy that the trial went this way. We all figured it would. I know the trial date seems like so far away to wait. Just think of it this way.... it gives more time for your lawyer and the CU lawyer to come to a settlement. I seriously doubt you will need to go to trial on this one. I think the CU will come up with a settlement. (if they know what is good for them).

Congrats. Pretty much sounds like you've already won your case.... only thing is that the total amount owed to you for damages, distress, etc is not set in stone.

[JollyGG]

FH,

I am so glad that things went well in court. I really liked the part when the judge strongly urged Mr Weasel Attorney to settle this out of court. Hello......she advised him that she was going to nail the CU if this case went to trial. I guess he should go back to the CU and say, "I am sorry that I am going to lose this case for you, but it is not my fault, I am an incompetent and stupid lawyer." Hee, hee...What goes around always comes around.

I was thinking something similar about the lawyer. I was thinking he needed to go back and tell the CU that they needed to hire the right kind of lawyer. This one obviously had no clue about the bankruptcy system and what he was getting himself into to. He obviously isn't a creditor's rights law attny or if he is he is a lousy one.