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

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  • FeelingHopeless
    replied
    Well, Boscoe ... you hit the nail on the head. They were pulling our chain. We got to our attorney's office at 6:50 ... and waited until about 7:15 before they finally called us to the conference room ... to tell us to go home.

    The CU's attorney's secretary called Friday morning and told Timothy that they couldn't send over the documents until their attorney talked to our attorney. She said that they needed to clarify something ... and they would call back in the afternoon. They blew us off. They never called ... never faxed anything over ... never couriered anything over. They totally blew us off.

    I cried the whole way home. I don't even know if there will be a settlement now. Maybe this entire thing was just a ploy to either get us to dismiss the case ... or, like my husband says, get us to spend so much in attorney's fees that by the time we get the settlement, we'll see nothing out of it.

    I called Timothy this morning ... he said they've already called over there and there's no one in their office until Tuesday. So, once again, my name fits ... because I am feeling pretty hopeless. My birthday is tomorrow ... and I was really hoping it'd be over before then so we could just relax and enjoy it.

    I'm sorry ... I keep jacking you guys around ... for what it's worth, we're being jacked right along with you. At this point, I won't hear anything until Tuesday ... and Timothy is saying we may have to face the prospect of just taking them to court and letting the judge deal with this. Happy birthday, eh? [sigh]

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  • Boscoe
    replied
    7PM on a Friday night. They better not be pulling your chain!

    Looking forward to hearing the good news!

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  • FeelingHopeless
    replied
    It's 3:30 our time ... and so far, we're still on. The plan is to be at the attorney's office at 7:00 to the sign settlement papers ... but no word yet on whether the check will be there or not. Gosh, keep your fingers crossed ... that would be so great!

    Leave a comment:


  • FeelingHopeless
    replied
    Okay ... let's try this one more time. We have an appointment to sign the settlement papers tomorrow night at 7:00 p.m. The attorney's secretary assures me that they have dotted their i's and crossed their t's ... and that everything will be ready to go tomorrow evening.

    My husband is convinced that the CU's attorney is purposefully making mistakes on the paperwork so that we'll incur more fees in getting it fixed. I can't deny it could be a possibility. These people aren't nice. But in the end ... we are doing this. And, by God, at this point, I think we deserve a little closure.

    Hang on ... I'll be posting again soon.

    PS - We're also in the process of reviewing/fixing our credit report. There were some botched items on there unrelated to this fiasco. It'll take some time and effort ... but that's our next priority.

    Leave a comment:


  • Boscoe
    replied
    I am beginning to question whether they are even serious about signing. Hopefully your attorney willl demand they overnight the check over to him in advance of your new court date.

    What unprofessionalism...........keep it going!

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  • HeatherB
    replied
    Aw man! I was so psyched over hearing the final result and it's delayed?! That's the equivalent of when they break up the movies into 3 parts. LOL

    You're just stringing us all along for the heck of it. J/k (check out the number of posts/views!!)

    Seriously, though - definitely dot all the i's and cross all the t's before signing off on it.

    Oh, and I said it before and not sure if you skimmed over it or not, but please be sure to check your credit report to make sure they aren't reporting a repo or something stupid. If there is, it's best to take care of it while it is still fresh in your mind and the paperwork is at hand.

    I'm staying tuned....lol

    Leave a comment:


  • chpxiii
    replied
    Originally posted by lrprn View Post
    Lawyers and courts operate in a different time zone than everyone else....MST....Molasses Standard Time! LOL!
    LOL! That's awesome! hehehehe

    FH, still rooting for you here!

    Leave a comment:


  • lrprn
    replied
    Originally posted by FeelingHopeless View Post
    So ... once again ... I'm stuck posting the same message ... I should know something today ... and I'll post as soon as I get a call. I'm hoping we can go in and sign tonight ... but we'll see. Wonder if this will be done before Christmas??? LOL
    Well, if this does finish around Christmas, what a fabulous Christmas present it will be!

    One of the big lessons I've learned the last 18 months is how slow our judicial system truly is. Lawyers and courts operate in a different time zone than everyone else....MST....Molasses Standard Time! LOL!

    Hang in there, FH....it will all be over soon!

    Leave a comment:


  • FeelingHopeless
    replied
    Speaking of patience ... you're all gonna love this ... more delays. [sigh]

    I got a call yesterday afternoon. Timothy got a chance to really look at the settlement agreement and he's speechless. He says he can't believe a lawyer drew it up ... it uses only our first names ... no last names in the document ... he says they use singular case throughout instead of plural ... as if only one of us is agreeing to this settlement instead of my husband and I both ... and, as I posted earlier, it states that we've already received a check.

    So, my people called their people and asked if we could make some "grammar" changes and they agreed. So Timothy marked it up and faxed it over ... they called and said they agreed to all the changes ... but that they couldn't get it done by tonight (last night). So, my appointment was cancelled ... and we're now waiting for the new settlement papers.

    So I asked him ... what happens with the check itself? Do we get it at signing ... do we pick it up afterwards? He said it depends on their relationship with the lawyer. He said sometimes they have a very comfortable, trusting relationship with an attorney and they will send the paperwork over and get the check in a day or two. But (he laughed), in other cases, it's almost like something you'd see on tv ... where both attorneys are standing there with the check in one hand, the settlement papers in the other ... and they both release at the same time.

    He doesn't know what kind of relationship his boss has with the CU attorney ... so he doesn't know how it will be handled. At which point I blurted out ... "OMIGOD ... don't TRUST THEM!" LOL He laughed and said they would take good care of us. And they have so far ...

    So ... once again ... I'm stuck posting the same message ... I should know something today ... and I'll post as soon as I get a call. I'm hoping we can go in and sign tonight ... but we'll see. Wonder if this will be done before Christmas??? LOL

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  • B12
    replied
    Your patience in all of this is a true inspiration.

    Leave a comment:


  • lrprn
    replied
    Originally posted by FeelingHopeless View Post
    This whole experience has given me new insight into term "sticking up for the little guy." I guess I was naive ... because you can't trust a business to do what's right for you. You've got to stick up for yourself ... and surround yourself with people who believe in you.
    So sorry that you had to learn this through so much personal pain and shame, FH. This forum truly is a godsend for so many of us, and we are honored to be your virtual admiration groupies! Go get 'em, girl!! Your fellow bk'ers salute you!

    Leave a comment:


  • Boscoe
    replied
    Good for you, FH....But your attorney is absolutely correct. It ain't over until they hand over the cash. Definitely let us know if this happened, and if not, when.....

    They are lucky that you didn't say, too late - see you in court. Would have loved to see and hear the judge's reaction!

    Leave a comment:


  • EndInSight
    replied
    Originally posted by $$only4ever View Post
    FH:

    Don't ever feel hopeless again! You are my hero!!
    Yeah, what she said, 10x over!

    Miss Posh

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  • $$only4ever
    replied
    FH:

    Don't ever feel hopeless again! You are my hero!!

    Leave a comment:


  • FeelingHopeless
    replied
    Well, guys ... at 7:15 p.m. last night I got a call. The CU's attorney faxed over the settlement agreement ... at 7 p.m. last night. Nothing like waiting until the last moment, eh? Whoever posted on this thread that they're doing this so we don't try to counter-offer was right on the money. They want to make sure we have no wiggle room.

    So, here's where we're at: Last night, we made an appointment to go sign the paperwork tonight (Wednesday November 7th) at 6:45 p.m. I got a call from Timothy, the lawyer's assistant, first thing this morning with some additional details. He said that we're continuing the case for 21 days ... because the settlement paperwork says something along the lines of us agreeing that we've received a check ... but ... obviously, we have not received a check. So rather than requesting a dismissal or just letting the judge dismiss us because we don't show, we're requesting a continuance.

    So, Timothy is calling the CU's attorney this morning and letting them know that I *am* signing the settlement tonight ... but that we will not actually dismiss the case until after we receive the check. He said that we are requesting a) a hard copy of the settlement agreement since all we have is a faxed copy and b) a check for the full amount of the settlement.

    I guess I sounded nervous ... because Timothy explained that it's irresponsible to dismiss something like this before we're settled ... because we could end up having to re-file if something goes wrong and this falls through.

    So ... tonight at 6:45, we sign the settlement paperwork ... and we may, or may not, receive a check at that time. I'm gonna guess not ... since nothing ... absolutely nothing ... has been easy about this.

    You're right, chpxiii ... everyday has been a little better ... and I've felt less and less hopeless. When I first came to this forum, I felt like there was no way I could come out on top. All that embaressement about the bankruptcy came back ... and I was ready to give up if I could just walk away and be done with it all. You guys have given me SO much strength.

    This whole experience has given me new insight into term "sticking up for the little guy." I guess I was naive ... because you can't trust a business to do what's right for you. You've got to stick up for yourself ... and surround yourself with people who believe in you.

    In any case, hopefully (cross fingers) I'll log on tomorrow morning with all the final details ... and I'll be able to say that we're done with this whole ordeal.

    Leave a comment:

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