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

[Boscoe]

FH - don't worry, you will win. And don't pay the attorney unless you absolutely have to. Certainly don't offer to and don't bring it up unless they do first.

Keep us posted - I want to hear that those bastards got theirs!

[FeelingHopeless]

Omigod This Never Ends!

This NEVER ends, people! I'm serious ... I feel like I'm fighting Goliath here.

I got the Credit Union's statement about the Sanction. It's sickening. They claim that I called the van junk ... that they discovered their mistake "within hours" ... that I didn't call them back for two days ... it's just unbelievable. There's so much ... but here's a taste:

First off, they are claiming that I drove up to get the plates in a Pontiac Solstice sportscar with "highly personalized" plates so, while they admit the repossession was a mistake, their mistake did not cause us any damage.

SIGH ... I drove up to get the plates in my husband's old 1995 Mazda Miata that he uses to get to work. The plates aren't "highly personalized" ... they're the first four letters of my last name and a two digit number. When they repossessed the van, **I** had no way to get to work ... I also had no way of transporting our THREE CHILDREN. We're a family of FIVE. The Mazda gets great gas milage ... it's 12 years old ... we bought it with CASH because our old truck was dying. What the HELL?

Second, they're claiming that I waited two days to call them back after they called to admit their mistake ... and if I'd called them, I wouldn't have needed to buy a new car. SIGH ... she called the NEXT day ... 24 hours AFTER I'd bought the car. She called our HOME ... even though she KNEW I worked AND she HAD my work number. Therefore, I didn't get the message until after THEIR OFFICE HAD CLOSED. I then called them within MINUTES of their office opening the next day! Not that it mattered because it WAS TOO LATE.

Third, she's claiming that I called the van "a piece of junk" and told her it was just sitting in my back yard. UGH ... I'm trying to be calm here. When she told me that a) they wouldn't ask me for money but b) they would NEVER surrender the title ... I told her that didn't make sense. I told her I was going to drive it until the wheels fell off and at that point it would have to sit in my back yard forever because you can't even JUNK A CAR WITHOUT A TITLE.

Oh, and the cherry on the top is that they're saying it's our own fault we were expelled from the credit union ... because we chose not to go in front of the public meeting of members and trustees and discuss our bankruptcy and finances. So, I was supposed to deal with the humiliation and punishment of this public meeting AFTER they repossessed my van?

Jesus ... I cried all night long. The letter from the attorney said to write down my responses to each paragraph and schedule an appointment to discuss it. So, I did ... this morning I marked each and every incorrect item in those papers ... and I'm seeing the attorney tomorrow night at 7:15 p.m.

I'm just sick over it. I'm not naive ... I suppose logically the credit union had to say SOMETHING. Their response is basically, "Yes, we made a mistake ... but it caused no damage." So now I'm meeting with the attorney that will jack up the fees even more ... I feel like crying again.

I'll know more tomorrow night and I'll let you guys know what the attorney says ...

[BKTango]

It's a fight to the finish that's for sure. Hang in there and we are all here to support you. You're doing the right thing in assuring they are held responsible for their actions, and hopefully assuring it won't happen again to someone else.

If it's at all possible, you might think about printing all of this thread or at least your posts from it. It verifies the dates you came on here noting when they called you and vice versa, any and all contact you had with them. You never know if you may need this information.

Good luck!

[HeatherB]

Where's the popcorn?

This is one of the most interesting threads I've read. Please keep updating.

Sorry you are going through this right now. I know it sucks when you know you are in the right and have to fight and go in the hole because of it. It does sound like they are trying to use bullying and scare tactics on you, though. I would think since your lawyer was so eager to take the case, that it would mean you had an excellent chance of coming out ahead (even if not the total amount you are asking, I would think it would be more than just paying off the lawyer and fees, etc)

Good luck on all of this and eventhough I know you are not trying to "stick it to them", I sure hope you do. They sound like scumbags.

[rrockinggramma]

The real crux of the matter is that they illegally repo'd your van 2 months after your discharge. They violated the stay and that is what the court will look at. I don't think the court gives a whit if the van is or was or will be junk or that you waited 2 days to call them back. But you will respond, and besides if they KNEW they were wrong after they took the van, why didn't they just turn around and immediately return it within the same 48 hour time frame. You need to relax. The court will only deal with the facts of this case and not the crumbs the cu is spreading around. They illegally took your van, violated the stay and those are the facts, ma'am. LOL Relax!

[Boscoe]

FH - you have now, by my count, had at least 5 responses in less than one hour to your 11:41 post. That is how unbelievable this story is......

I don't get speechless often, but this time I am.

First off, I assume that all of this communication is now going through your attorney. Do NOT communicate directly with these scumbags (that word is too good for them, but this is a family forum so gotta keep it clean) - treat them just like a creditor during a bk.

Second, your attorney must be alternately trying to calm you down and laughing. They probably cannot actually believe that anyone, nevermind a federally chartered credit union, would have the audacity to allege these things.

Third and Lastly, like the prior post said, bottom line is that they clearly violated the automatic bk stay, so that alone will get them sanctions. They had better hope the judge accepts payoffs, because any judge I've heard of will have a field day with this one.

Again, DON'T get upset. You WILL win this and they absolutely deserve it. They should lose their charter over this clear case of harrassment. The bit about you having to be "outed" in a member meeting takes the cake. If I was a lawyer, I'd want to take this case!!

Keep us posted!

[JollyGG]

The real crux of the matter is that they illegally repo'd your van 2 months after your discharge. They violated the stay and that is what the court will look at. I don't think the court gives a whit if the van is or was or will be junk or that you waited 2 days to call them back. But you will respond, and besides if they KNEW they were wrong after they took the van, why didn't they just turn around and immediately return it within the same 48 hour time frame. You need to relax. The court will only deal with the facts of this case and not the crumbs the cu is spreading around. They illegally took your van, violated the stay and those are the facts, ma'am. LOL Relax!

rrockinggramma has it exactly right. They know they are going to get hit with your lawyers fee's, your court costs, and at least a $1000 sanction.
They have admitted they did it, that is the least they will end up with. Their response is a sad attempt to not have to pay anything more than that by claiming that their was no harm to you.

[FeelingHopeless]

Hi, everyone ...

I'm meeting with the attorney tonight at 7:15 to go over my response to their objection. They told me several weeks ago to have no contact with the credit union ... that everything should go through our attorneys. And that's fine with me ... although I'll be honest ... when I first saw their objection, I wanted to call their representative and just start ranting and raving at her.

Had she listened ... just stopped for a moment and listened to me ... this never would've happened. I told her a dozen times that we were discharged and that they were making a mistake. But she talked over me ... treated me like a low life ... said I was trying to get them to give us a van we didn't deserve ... ugh.

The thing that keeps ringing in my ears is her telling me the day they respossessed the car, "I know what you're doing. You're talking to a lawyer and they're telling you that I don't have the right to do this. Well, I've been doing this for years and I know what I'm doing. We DO have the right to do this." If she'd even LOOKED at our files, she would've known. I can't imagine what they were thinking.

At the time, I thought they were bullying us ... and maybe it's true. If I'd never called our lawyer, they would've never admitted it was a mistake. Frankly, I'm shocked they admitted they it was a mistake in their objection ... although I suppose they didn't really have a choice.

I'm trying to be zen about this ... no matter what, I desparately want them to pay the legal fees. I don't think I should have to walk away owing money from their mistake.

I'll log in tomorrow and fill you guys in on what the attorney says tonight ... wish me luck.

[lrprn]

I'll log in tomorrow and fill you guys in on what the attorney says tonight ... wish me luck.

FH, we are all hoping and praying that everything goes well for you AND that this credit union gets to pay many $$$ directly into your pocket for their blatant disregard of the bk law.

At the very least, you won't have to owe anything when the dust settles. The credit union obviously violated the law - they admitted to it in their own deposition. You'll get your lawyer's fees and the court costs out of it. However, I have a feeling you are going to have a goodly amount of cash and/or a paid-off van in your garage to boot! Bk judges don't take violations of the automatic stay lightly.

Hang in there - it's almost over. We're behind you 100%!!

[arkienurse]

Ok, FH, you should be at the attorney right now. Just wanted to let you know we are all thinking of you, and I just said a prayer that the powers that be make it good for you.

[$$only4ever]

Omg FH, what are these people smoking?

You were banned from the credit union because you would not stand before God and the members of the credit union and repent your bankruptcy sins? These people are a trip.

I have been reading this thread right from the beginning and all I can say is that in order to be employed at this particular credit union, you had to check the box that said, " Are you or can you act stupid?"

Go after them FH and fry them!!!!!!

[Boscoe]

FH - how did the attorney meeting go? Is your court date before the judge still on the 27th?

[chpxiii]

Feeling hopeless,

I have, literally, put an alarm in my calendar to remind me of the 27th and to think of you and your family as well as to keep my fingers crossed. Good luck!

[FeelingHopeless]

Hi there, everyone. Sorry I didn't write yesterday. My mom had cataract surgery ... and all went extremely well on that front. Sometimes things like that put life in perspective ... but in any case ...

I went to the attorneys office and actually met with the "big guy" (you normally only deal with his assistants until your actual court date.) He has a reputation for being an agressive attorney in court ... but he's very soft spoken. It's odd ... he's quiet and yet very intimidating to talk with.

He said, "What have you got for me?" and I gave him the page I'd typed up with my responses to their objection. He sat and read it for a moment ... and asked a few questions. How much did you pay for the replacement vehicle ... who said what and when ... basically we went over everything all over again.

I told him I did *not* pick up the plates in a Pontiac Solstice ... I drove up in our 12 year old Mazda Miata that my husband uses to get to work. I told him I couldn't fit three kids in a Miata ... and I think I babbled for a moment about her thinking it was a Solstice ... he gently interrupted me and said, "It doesn't matter what you drove up in ... at this point they've already admitted they made a mistake."

He taped my responses and made notes about what he documents he wanted to have with him in court. Then he started the tape again and said, "Tell me about the morning of the reposession. How did you *feel* when you woke up to find your van had been repossessed?"

I told him I was hysterical ... I woke my husband up sobbing ... that between the shock of having the van we *owned* repossessed and then the humiliation of having to tell my husband's employer about the reposession so we could beg for a loan ... all and all it was one of the worst days of my life.

He stopped the tape and started gathering things up. He said they might ask me come in to sign another affidavit so they could file an answer to their objection to "upset the apple cart" ... whatever that means. He'd meet me at the court house next week and stood up. I asked him what would happen at the hearing and he kind of chuckled and said, "A bunch of bullshit ... "

So I said, "You know, John ... the salt on the wound of all this is their objection. After all the heartache these people caused ... their document makes it sound like I'm trying to MAKE money off this situation." He stopped and looked at me and said, "Well, I'M trying to make money for you ..."

I said, "But my issue is that they would've NEVER given me back the van if I hadn't called you. So from that moment on, I was already money in the hole whether they gave the van back or not. I just want to make sure they pay *you* ..." He just kinda laughed and said, "Don't worry about it ... I'll see you next week."

So, I feel better ... I suppose. He's a man of few words ... he doesn't just sit and blather on. I did walk away feeling better ... because I feel like I should put my faith in him. He's a good attorney ... and he's going to fight for us.

I checked again and the court date is the 25th at 1:30 ... set your alarms ... as soon as I'm back at home, I'll log in and tell you guys what happened. I'm not sure if the 25th will be the "end" ... or if we wait to hear from the judge after that ... I really have no idea what to expect other than "a bunch of bullshit." LOL

Keep your fingers crossed ... four more days and we should know something one way or the other.

Thanks for all your kind words ... I can't tell you guys how much it helps to come here and talk to you all ...

HUGS*HUGS*HUGS

[HeatherB]

I'm so happy for you. It sounds like you've got a great lawyer. Keep us posted and good luck.