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

[Granny]

Personally, I think I would take the check(s) to the credit union and cash them there and then deposit the cash in your account. he he he

[Boscoe]

FH - Call me skeptical, but I will believe it when you say you both 1) have the checks in hand and 2) they are cashed without bouncing.

I certainly trust that you are definitely going back to court if no checks received by the 11th........

Keep us posted.

[rrockinggramma]

good job hanging in there. Let us all know when the "checks" are delivered. LOLOL I bet they come in on the am of the 11th. LOL

[coma]

YAY!!! Congrats, and good for you, sticking to your guns like that!

[FeelingHopeless]

Hey there, everyone! Well, we went to the attorney's office last night at 7:45 and signed the final settlement papers. It's been notorized and our side is completely good to go. The cover letter the CU's lawyer sent says that checks (checks?) have been ordered and once they are finalized, representatives from both sides will meet to make the exchange.

I asked why the cover letter said "checks" (plural) ... since our settlement is one amount. John's assistant said they had no idea ... and with this guy's history of spelling and grammer errors, it was probably just a typo.

In any case, the notorized settlement document states the correct amount ... and as long as somebody shows up with a check in *that* amount, all will be right with the world.

The judge's decree says that both sides have until December 11th to finalize the settlement or enter another plea ... so ... knowing how this thing has gone, I don't expect them to exchange the check until Monday, the 10th.

There IS a light at the end of the tunnel ... I'll be back online as soon as I get the call.

HUGS and Happy Holidays!

[kcsmom76]

I'm so proud of you for hanging in there.

It will be over soon and if not, you will just end up with more of their money.

[chpxiii]

As my boyfriend would say, "You have HAND!" hehehe... Still rooting for you here!

[$$only4ever]

That is great news FH!! It was nice to see that the judge sorted out the games that the attorneys played and zeroed in on the exact issue: sanction. Enjoy your holidays...You are in control. Though, I think that the credit union and their attorney were not the brightest stars in the skay, lol

Too bad, too sad for them

[lrprn]

So glad to hear the judge reopened your case, FH!

This credit union must have a death wish. I almost hope they try to ride it out again just to hear how much more they will have to cough up into your pocket!

Enjoy your holidays. The credit union is under the judge's thumb yet again....couldn't happen to a more deserving group of thieves!!

[Boscoe]

Excellent job, FH. They either honor the original settlement by the 12th or that's it. See you in court.

I assume you will not cancel the next hearing date unless you have check in hand and deposited in the bank, right?

I actually hope they don't follow through, so the judge will really ream them. Still cannot believe they say those things in the courtroom.....

Good luck and we'll be waiting for the conclusion!

[rrockinggramma]

that's the spirit!

[FeelingHopeless]

Thanks, rrockinggramma ... I'm going to try to get in the holiday spirit now that I know things are going our way. My hubby knows a man who's an attorney and asked him off the record what his feelings were about our case ... he said we should refuse any future settlement offers and take them for everything.

Well, that sounds good ... but seeing as how we agreed to the settlement originally ... and the judge is giving the CU 14 days to honor the settlement ... then we'll accept that original settlement. But, if they drop the ball again ... well, fine then ... I'm ready to go all the way.

Either way is good for me ... end it now so I can enjoy the holidays in peace ... or we'll go to court and ask the judge to make them an example.

[rrockinggramma]

wow FH, I am so glad that the judge allowed the case to be reopened, but then we all knew here that she would. LOLOL You are right, the CU will drag their feet hoping you will cave in. In fact, I think it is in your favor if they do cause your attorney (Tim?) won't drop the ball again, you can be sure. If this gets back before the judge, watch out!!! the CU will wish they had settled. LOLOL GL to you and relax now and try to enjoy the holidays!!!!!!

[FeelingHopeless]

Good news everyone!

Didn't that sound like Professor Farnsworth?

Anyhow ... guys ... we've got another clock to watch. First off, whoever on the forum said the judge was gonna ream the lawyers out ... you were right.

My attorney admitted that his office dropped the ball. He showed proof that that they attempted to electronically file something two weeks before our last date, however, it didn't go through. Therefore, they filed a last minute continuation ... which, according to the judge, arrived 14 minutes before our scheduled hearing. This did not make her happy.

So, she chewed him out ... chewed out the other attorney a little ... just generally chewed ass at everybody. She said this wasn't just about them ... it was a larger issue of attorneys thinking they could file things online and then walk away. She said there needed to be quality control in every law office.

Back to the story ... at some point my attorney said, "In our defense, I've submitted proof that we HAD reached a settlement. They sent us paperwork ... we sent them paperwork. They drug their feet for two weeks ... and they now say they will not honor that settlement."

The judge looked at the other attorney and said ... how do you respond to this?

He said ... "Well, yes ... we had an agreement ... but ... they didn't file early enough ... and you ... you dismissed it ... and ... common, your honor ... if I settled a case that had been dismissed, YOU'D have my head. And so would my clients."

She answered, "*I* would not have your head. *I* would not have even known. *I* would've assumed you settled per your agreement."

She said no matter what the side issues are, their actions did not change the facts of the case. Their attorney spoke up and said, "Your honor, my clients OBVIOUSLY object to re-opening this sanction."

She said, "They would, wouldn't they?"

She ALLOWED us to re-open the request for sanctions ... she then gave them a 14 day extention to honor the settlement agreement. In fourteen days, I either have to have a check in my hand ... or THEY have to have filed a motion to go back to court.

She said since she sees that there was a settlement in progress, that both sides have to honor that settlement ... and, should his client refuse to follow through with that settlement, we'll have the previously scheduled court case and she will decide damages.

He said, "I believe my clients will agree to this."

Soooooo ... you ... and I ... and your deaf, dumb, and blind cousin Tilly all KNOW that they are going to wait 13 days before they do anything. Especially since Christmas is coming up, I don't expect to hear anything this week. December 12th (if I figured right) will be exactly 14 days ... and frankly, I wouldn't be surprised if they draw it out past that.

But ... let's celebrate! The judge allowed the re-opening of the sanction ... and the settlement clock is now re-set.

14 days ... and we're either done ... or we're back in court letting the judge decide. I can't wait ... I'll tell you guys just as SOON as I get a call from the attorney!!!

PS - I was so nervous ... I thought I was going to throw up! LOL

[Greenjeans]

Wow! What a story! I read from the beginning what has been happening to you...and then you leave me on the edge heading to court today!!! LOL!!! It's like watching a suspense thriller movie!!

Can't wait to hear what happened...I'll be back!!

I'm just looking at filing C13.......and found this......