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    Sued by Citibank-Question need help?



    California just received a "Summons and notice of status conference"

    Quick history file in Jan 2005
    341 meeting in Feb 2005
    Last day for claims April 2005
    Sweated a lot but all in all it was not that bad. Just had a few concerns, most of them thinking the big bad wolf would come and get me. I have been watching pacer.com and the trustee filed "No asset case" in April. I was thinking almost there. Was about to post the happy news and them the shCiti hit the fan.

    Citi bank filed 3 days before last day of crediter claims. The sum of Citis "Complaint to determine dichargeabliity of debt" is:
    1. July 2004 over $3,000.00 was charged and I made only one payment after this.
    2. Between my Schedule "I" monthly income and Schedule "J" monthly expenses which did not include paying any crediters i could not have the ability to pay. I was already insolvent in July 2004.
    3. Defendent (thats me) did not have the ability to repay, and defendent knew or should have known of this inability to repay, or incurred the debt with reckless disregard as to the belief that defendent could repay the debt to Plaintiff (thats Citibank)
    4. There is alot of legal crap and the above is the sum of their claim.
    5. Citi Banks Lawyer is "Office of Robert S. Lampl" in Woodland hills CA.

    Sorry for being so long i have tryed to keep it short with all the facts. Have called my lawyer and am waiting for a call back will post his responds here when i get it. I would like to hear from any one out there who may have worked with a Citi banks attorney and what they would do withthe hindsight they now have? I have to file my reply in 15 days +-.

    Thank you for your help in advance. Good Luck to all.
    Last edited by BrokeCh7; 04-21-2005, 11:13 AM.

    #2
    Well, you could offer to re-affirm the debt. That can usually be a better option as most reaffirmations allow you to repay at zero percent interest over the life of the reaffirmation.

    Comment


      #3
      Just talked to attorney

      The Citibank attorney wants $2400 paid over 24 months @ $100.00 per month. I stip to a Judgment and if i fall behind he is set to go and comes after me for the balance. Reafirming is not an option any more.

      I am concerned about the judgment part. My attorney said it may not show up on my credit report. He said it is a non dischargable debt and will be in the Fed BK court as a judgment. If i don't pay bingo it will pop on my credit report.

      I guess it is ok. I had over 60,000.00 and have reduced it to $2400.00 or a hundred a month. It is alot better then before.

      I am sick of advice from someone who make over 6 figures and says just come up with the money. Ya if i could i would not be here would i.

      Any body out there have a spare $2400.00 they don't need, oh and a car too. They say "Nobody walks in LA" I will let you know if i start walking.

      Comment

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