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

[kcsmom76]

FH - I'm so glad it is over for you. You did what you thought was right and you won. Nothing could be better than that. (((hugs)))

[LadynRed]

Hi all,
A friend directed me to this thread.. I'm simply amazed at the CU's stupidity and the sheer GALL of it all.

I would mention though that technically they didn't violate the automatic stay, that ends at discharge. They DID violate the permanent injunction of the DISCHARGE - heck, they shredded it, burned it, and flushed it down the toilet !!!!

I would also like to add a a link to this article regarding this 'pay us what was discharged to get your title' garbage that happens all too often both BK chapters:

http://www.stayviolation.com/2006/09/the_first_circu.html

That's a great site for info on violations of the stay and your discharge.

Congrats FH on the fight and your win !!! If only more people would do what you did, some of these practices might be stopped.

[arkienurse]

I
I know it might not make sense to anyone ... but all I can say is that he's the most important thing to me ... much more important than money. I didn't want him to go through that stress if he didn't have to ... and, as I've said before, even after getting plates for the van and the necessary upkeep, we'll still have $2,000 to squirrel away.

In my heart, I feel like it's ended well ...

You're happy, he's getting less stressed, all is well. All is well!

Congrats on sticking it to them. I have been fascinated by your tale ( and oh so happy that us bank sent our title without protest within a week of closing our bk)

[FeelingHopeless]

Thanks, guys ... VanSaga would be an amazing name ... much more fitting than "FeelingHopeless" at this point. haha

MajorMike ... when they first offered $5,000 ... I asked our attorney if we could counter with $5,000 plus attorney's fees. Initially his assistant said that was fine ... that we could counter with anything we'd like.

But a day or two later, I got a call from the attorney himself who explained that these people (the CU and their attorney) were hostile and not open to negotiations. He suggested I take their settlement offer ... unless I really wanted to fight it out in front of the judge ... because those were our only two options.

I think I've written on here before ... without going into too much detail ... that my husband's been on medication for anxiety and depression for around fifteen years. The reposession incident alone had caused his symptoms to be much worse ... then when you added on the calls, the meetings, the court dates ... it all got to be very, very hard on him.

So, could we have gone to court and gotten more ... yes, I believe so. In fact, I'm certain ... especially if you consider the toll it took on my husband. Our "damages" were more than financial. But that would've involved us both going in and going on the witness stand. And that ... well, it would've been difficult for him.

I know it might not make sense to anyone ... but all I can say is that he's the most important thing to me ... much more important than money. I didn't want him to go through that stress if he didn't have to ... and, as I've said before, even after getting plates for the van and the necessary upkeep, we'll still have $2,000 to squirrel away.

In my heart, I feel like it's ended well ...

[lrprn]

FH, I remember so well when you made your first post five long months ago. I had no doubt then that this would be the outcome and all of us are so proud of you for sticking it out through all the stress, the insults, and the anger to get to this satisfying conclusion.

So happy, happy, HAPPY for you!! Put your feet up, relax those shoulders, and smile from ear to ear. YOU DID IT!! Congratulations on your well-deserved new nest egg and happy holidays!!

[MajorMike]

Why did YOU have to split the 5K...??? They should of paid the attorney and you get the whole thing!! I'm glad you're happy hon, but why did you have to pay him with YOUR settlement???

[HeatherB]

I think she should change her name to "vansaga"....

LOL Perfect new name.

[minime]

Way to stick up for yourself. Congrats!!!

[isitreal]

I think she should change her name to "vansaga"....

[Boscoe]

FH - We are all very glad for you that this is finally over......Time to change your name, you are not "hopeless". Just lots of good hope for the future and that credit union got theirs!

Glad it is all over. Great Christmas present for you and your family to have this behind you. A little like having the bk behind us. A great feeling to be sure.

To be honest, I haven't been coming to the site as much lately, but wanted to see this to the end - such a great story (with the required happy ending!).

Have a great holiday season everyone (snowing hard here in the Northeast) and best of luck to all in 2008. Remember, it always gets better, and bk is not forever.

Boscoe

[southerncomfort]

Yay! COngratulations! Just in time for X'mas!!! I have enjoyed reading the van saga over the months!!!

[FeelingHopeless]

Aw, thanks everybody! As happy as I am that it's over ... and let me assure you, I am ECSTATIC that it's over ... I'm going to miss coming here and updating you guys! LOL Weird, isn't it?

Now that we've gotten that piece of nastiness out of the way, our next priority is to work on our credit score. I know there are a couple things I need either removed or modified on our credit report ... you know, just to get it back up to a half way decent level. It'll take a bit of digging and work ... but that's okay.

I'm waiting until after Christmas for that battle. I've fought enough for this year. Everybody deserves a break now and then, right? LOL

[HeatherB]

Congrats. Nice little Christmas present to you there. It must be so relieving that it is now all over and done.

I knew that things would work out in your favor. It just wouldn't make sense if it didn't.

This has been one of the most compelling (and addictive) threads I have read in a while. And.... and.... I'm kinda sad that it's over. I mean - Glad that it all went your way.... just feels like you finished reading an awesome book and want to go out looking for another by the same author kinda thing.

The credit union IMO got off easy. But I realize it's the principle behind it all that matters. Now take a few of those $$ and pamper yourself a little with a relaxing massage/etc. You truly deserve it for sticking to your guns and going through with the whole ordeal.

Have a wonderful Christmas! Thanks for the posts.

[EndInSight]

MERRY CHRISTMAS TO YOU AND YOUR FAMILY!

Miss Posh

[TexasLadybug]

I found this thread a few days ago and could not quit reading everything until the last post. And then.....oh my the suspense waiting until Monday....and then waiting until today. My hat is off to you for fighting back....and WINNING! My most heartfelt CONGRATULATIONS to you! What a wonderful, beautiful Christmas present for you and your family!

And to everyone else on this site....I've never seen so many folks so caring and thoughtful, but most of all HELPFUL to each other. It is truly like a breath of fresh air. We are all in the same boat, and that breath of fresh air does wonders for one's soul, and gives us all hope. Thank you all!!

I know now where I can go for advice, or encouragement, and it's a great feeling!!