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    Adversary Procedure

    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    #2
    All I can say is... wow.

    (Really... that's all I can say.)
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Hub,

      Was he a creditor in your BK? I am unclear as to where the court would take place on this -- BK court? If so, maybe you would be better off letting it go to the BK judge. Of course I do not know all the facts of the case, but I think the BK judge would tend to rule in your favor.
      Filed Ch 7 -- July 9, 2008
      341 mtg ---- August 14, 2008
      Discharged ---- October 17, 2008
      Closed --------- December 11, 2009!

      Comment


        #4
        No Grammy, it is wired for the 'creditor'. This person is not a creditor as such. He only has an open lawsuit, and is speculating on winning the case in the future. The BK court assumes that everything stated by the 'creditor' is in fact true. So that is an unfair advantage. Also, we are pro se and trying to do this ourselves because we have NO MONEY. So we are at an unfair advantage there.

        In the State Court, we have a lawyer that will work with us and take payments, whereas, anyone else we have approached, wants all the money up front.
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          To make this clearer, I listed it as pending suit. They sat on it for five years and the last 17 months had no action until the “Suggestion of Bankruptcy” was sent to them. Then all hell broke loose. They have no Judgment, no contract, no agreement, no levy, no nothing. They have an “untried” case. The problem is that the Court takes Jurisdiction over the State in this. I am, have, attempted to, with other Motions, to have the Judge, who BTW is our bk Judge, kick it back to State. Otherwise, I am afraid that I will have to plead to the Court that I shall not admit nor deny, but will relinquish to the Court their Judgment. Otherwise there is a far fetched chance that this guy could put it up three floors to Federal Felony Court as a computer crime.

          There have been several people who in the past have wondered where or why all this came about. All I can say is, FORUMS. Now that being said is not withstanding this wonderful place. If anyone wished to see the worst of the worst, PM me and I shall give a link to the bad place. Of course there is more to this, but that is a good starting place. ‘Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment


            #6
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

            Comment


              #7
              I guess I just do not understand why you would"give them the judgment", nor why the case goes on if it was included in BK. I have no answers regarding the Jetta. Sorry.
              Filed Ch 7 -- July 9, 2008
              341 mtg ---- August 14, 2008
              Discharged ---- October 17, 2008
              Closed --------- December 11, 2009!

              Comment


                #8
                Originally posted by AngelinaCatHub View Post
                I guess I could just pop him off, but I also heard that was frowned on by the law.


                Hub, I know a guy who knows a guy.......
                "I'm old enough to know better, but too young to care"
                Filed Chapter 7 January 25th 2010
                341 Hearing March 4th 2010
                Discharged May 10th 2010

                Comment


                  #9
                  So with the outragious amount they are asking for he just wants to make sure you never, ever have another free penny in your lifetime. I can't stand when I see these kind of ridiculous wants for unrealistic amounts of money. I hope you beat this guy.
                  "I'm old enough to know better, but too young to care"
                  Filed Chapter 7 January 25th 2010
                  341 Hearing March 4th 2010
                  Discharged May 10th 2010

                  Comment


                    #10
                    Originally posted by PoorGrammyinBK7 View Post
                    I guess I just do not understand why you would"give them the judgment", nor why the case goes on if it was included in BK. I have no answers regarding the Jetta. Sorry.
                    They took out and Adversary Proceding on our bk. They wish to see me in prison. This guy is a lune, and has money. It was and open stale civil case, now brought before the Federal Court. I will capitulate and allow their judgment becouse I have no money to defend myself and the lawyers could spin this into a cyber crime. Everything I have is protected by Trust, and our home is a Life Estate that they can't touch. The car is in our name and is worth more than a $1000 exemption. 'Hub
                    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                    Comment


                      #11
                      Originally posted by Overmylimit View Post
                      So with the outragious amount they are asking for he just wants to make sure you never, ever have another free penny in your lifetime. I can't stand when I see these kind of ridiculous wants for unrealistic amounts of money. I hope you beat this guy.
                      He will levy, attach, writ, garnish, till the day he or we die. PM me and I'll send you a link to his Kell 'Hub forum. Look at the archive as the forum is broken and won't take pictures anymore. I got blamed for hacking it also. 'Hub

                      Let me think on that .....guy.... how knows a guy...
                      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                      Comment


                        #12
                        why is he sueing, what did you do or were alleged to do?
                        filed chapter 7- dec 11, 2008
                        341 meeting - jan. 21, 2009
                        predischarge Education complete- Jan 28, 2009
                        deadline for creditor objections- mar 23, 2009

                        Comment


                          #13
                          Originally posted by jdphillips73 View Post
                          why is he sueing, what did you do or were alleged to do?
                          I hacked his computer supposedly. This is bigger than it looks as he got us investigated by the local police, FDLE, FBI. One of his partners was a detective on the police department and was caught making evidence. An email came to me in my email of a copy of his email stating he wished to have my employer fire me. I spammed it all over the world.

                          So evidence fixing and the fact of lack of creditable evidence kept this out of criminal but in civil at is a preponderance so there is enough animosity of the past between us that a reason could be shown (motive) and the bk court always sides with the plaintiff as per the Judge. They assume the worst and then a mini trial. I don't have a chance except I am uncollectable in a judgment except for the single car. I will burn the car before I surrender it to that person.
                          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                          Comment

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