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

[coma]

Pardon me, but that's a loda of garbage...I agree with everyone else, get your day in court!

Have a happy birthday, and hang in there...

[CindyLou]

Ok, I gotta reply so I can subcribe to this thread. The suspense is killing me. Good luck and keep us posted.

[kcsmom76]

FH, I'm so sorry. (((hugs)))

I hope you are enjoying your birthday in spite of this BS. I agree with the others and think you should take this to court. You were ready to settle and they keep stringing you along and making promises they are NOT keeping. (((hugs)))

[lrprn]

First, let's get down to what's most important here.....YOUR BIRTHDAY! Happy, happy birthday, FH!

By next year's birthday, this will all just be a bad memory with a happy ending involving lots of $$$$ Know we are here for you whenever you need to vent. Your happy day is coming....the bastard credit union is going to lose, big time. They are hanging themselves here.....enjoy watching that happen. How stupid could one group of people be???

[JollyGG]

Oh my Goodness, my eyes about popped out of my head when I saw that the CC company didn't hold up their end of the deal again. Is their lawyer completely incompentent? Or are they mean, spiteful, idiots? The settlement was supposed to save you headaches and stress. All I can say is I'm sorry you have to deal with this.

When is the next scheduled court date? You may have mentioned before, but I didn't notice because I thought this would be all over long before then.

But despite all of this have a very happy birthday.

[EndInSight]

First and for-most---HAPPY BIRTHDAY-!!

My fingers can not find the keys to type what I can NOT believe I am totally shocked!

YOUR FAMILY WILL PREVAIL!

Miss Posh

[JRTLover]

It seems like the big money is starting to thumb it's nose at bankruptcy law. People are having to go to court for this crap.

An excerpt: "In February 2004, the bankruptcy judge ordered Capital One to repay the $9,523, as well as $14,000 in fines and attorney's fees for its "cavalier attitude toward the debtor's motion."

http://finance.yahoo.com/banking-bud...rkpcByndS7YWsA

I guess these financial institutions take a chance to not abide by law, considering the minute consequences (a whole $14,000 is a small drop in the bucket for them). This needs changing.

[FeelingHopeless]

Hi, everybody ... thanks for the good wishes. My birthday was nice ... in spite of all this nastiness. I don't have another court date ... I know that we continued it for 21 days past the last court date ... and the last one was November 7th. If you only count business days, that's into December ... but if you count every day, that's November 28th.

I called Timothy on Saturday ... he said the CU's attorney's office isn't open on the weekends ... so we can't expect to hear anything back until Tuesday. So, I plan on calling him on Tuesday and telling him I've had enough. We've tried and tried to work with these people ... so fine, let's just go to court and see what happens.

I'll write tomorrow and let you guys know what the court date is and what's going on ...

[$$only4ever]

FH-
Unbelieveable!!!!!! Go to court. Enough is enough. Let them tap dance in front of the judge.

[Boscoe]

Definitely. Time to make them face the music......Good luck to them have to face the judge. She is not going to be too charitable this time around!!!!

[FeelingHopeless]

Well, I was joking earlier about having this done by Christmas ... but in retrospect, that might be closer to the truth than we thought.

First off ... things have gotten bad. Back on November 7th, our attorney filed a motion to continue. He filed it on the morning of our court hearing stating the reason was due to our settlement negotiations. We apparently should've filed it days earlier.

The bankrupcy judge has sent back an order denying the motion to continue ... saying that both attorneys should've been there that morning regardless of the motion to continue ... not being there made it seem as though we assumed she would allow the continuation ... therefore, not being there was disrespectful to the court. Therefore, she's marked our paper as "denied due to failure to prosecute."

And ... obviously ... the credit union is now refusing to sign the settlement papers that were already drawn up before the statement from the judge arrived ... because, why would they?

So, today our attorneys filed a motion to re-open the sanction ... based on the fact that we ACCEPTED their settlement offer three weeks before the court date ... and they were dragging their feet literally hours before ... and for days after the actual court date.

We now have a new hearing date ... it's November 27th ... so ... once again, mark your calendars. If she let's us re-open it and hears our testimony, we're still alright. If not ... well ... you know where that leaves us.

Timothy says that the bankrupcy judge will not hold this against us ... because their filing a motion on the court date does not change the facts of the case. It still happened and still needs to be dealt with. He says that they'll just have to go in and apologize to the judge and explain why the motion was so late ... and that we were trying our best to work with them until the final minutes. I'm no lawyer, but I think the point is that it was fine to file a continuation ... but my attorney should've shown up anyway.

I'm frustrated and angry ... I'm sad ... my god, there's no emotion I haven't felt this afternoon ... except happiness, of course. So ... reset your calendars ... and we'll see where we go from here. I can't blame the credit union for this gaff ... ugh.

[kcsmom76]

I'm so sorry. The judge should hear the case again. I know it is hard, but hang in there.

Can you try and concentrate on the holidays, instead of the case for awhile?? I think that would be best for you. Here are some more (((hugs)))

[Boscoe]

FH - C'mon, this is not reasonable for the judge to hold this against you. As frustrating as it is now, all good things come to those who are patient. You must believe this.

Everything you and your attorney has done is in good faith. You negotiated in good faith and were promised the check and that the settlement would be signed. When it came apparent that you were not going to get this, a continuance was filed. It is not like you just simply did not show up for court.

Also, the CU attorney did not show up either, so they have to take the wrath of the court as well. I really don't consider this a "gaffe". Last minute out of court settlements happen every day. If anything, your attorney was clearing space on the court docket by filing his motion.

In the interests of justice, they have to let you refile this. Everything in bad faith happened due to the CU's despictable behavior. And as the saying goes "you will have your day in court".

Christmas is coming - will be a good holiday season for you......

[HeatherB]

I cannot say how the judge will view all of this. However, if the judge allows the case to be re-opened and finds out that the reason it was to be continued was because the CU keeps dragging their feet, you will look favorable to the judge.

Waiting and not knowing is the WORST part of it. Hang in there. Your day will come and I honestly feel that you will come out ahead.

[millerc507]

Wow!

I have read through your posts and wish you the best. Quite an interesting story. It's a shame you have to fight so hard for things now. Good luck!