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After being dismissed, closed, reopened, rescheduled, extended and continued I'm....

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    After being dismissed, closed, reopened, rescheduled, extended and continued I'm....

    Finally in the 60 day club! Whew!

    I drove down for the continued 341 meeting at 6AM, got there and of course the person who sued me in small claims was there. I had a feeling she would be. She'd threatened me before that she was going to ruin my life.

    After 40 minutes I finally got called in for a private meeting. The Trustee told me since they got all of my documents if I'd called his office ahead of time they would've told me I didn't need to show. Damn. So he adjourned the meeting and said there was nothing more and was assuming my "creditor" was my Mom or something. Then she spoke up that she had some questions. She asked if I was truthful about my income on my schedules and I said yes. Then she asked about a bunch of clients of my company and work that I do for them. I responded that is my job and in my salary, it's what I do for my company and not freelance. Then I invited the trustee to call my boss and ask. He declined. Then for some reason she told him with a smile on her face that she intends to file a lawsuit against me every six months. The Trustee had a look of shock on his face and said "Uuuuuhhhh you really can't do that." She argued and said yes she could. He read her the rules of discharge and the automatic stay. She still argued with him that a lawyer told her she could and he said "Well, I'm telling you I'm the Trustee and no you can't. If you do, you will be in contempt of court and she can sue you for harassment."

    So there you go. She said she filed an objection but I haven't seen it on Pacer and he didn't have a record of it either. So if she does continue to sue me, do I just send in the order from the previous small claims suit along with the discharge order with a motion to dismiss?

    I swear I dream in legalese now!
    12/05/08 - filed pro se
    01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
    04/01/09 - new 341 scheduled
    6/02/09 - DISCHARGED!!!

    #2
    Ooooh!

    Welcome to da club! Soon the elite vip discharge section of the club, roped off for all us dischargees!

    What a BEEEEYAAATCH! Your creditor that showed up. Can you imagine the scenario if she does try to sue you during the stay or after?

    Um, your honor, I would like to call Mr. Trustee, who verbally warned on record that Ms Beyatch was not allowed to sue me for this matter during my stay of after discharge and further attempts to collect on this debt are considered harassment. I would like you to find Ms Beyatch in contempt and fine her a gazillion dollars for her willfull and malicious contemp of the Federal BK laws.
    Thank you very much , Ms. Blankslate.

    I would drive down to SD just to watch that one!

    With Margaritas afterword.

    Glad you survived the 341, now you can breathe a little.

    Comment


      #3
      LOL I know I was thinking that too... I was too tired to fight when she had me served with the small claims suit. I've rested up, regrouped and I'm ready to kick arse again! The look of shock on the Trustee's face was priceless though....
      12/05/08 - filed pro se
      01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
      04/01/09 - new 341 scheduled
      6/02/09 - DISCHARGED!!!

      Comment


        #4
        I would send her a notice, with your BK case number CMRRR, stating that any further collection attempts on this debt are stayed by Federal law.

        Then if she attempts any kind of collection activity, even a phone call after you have formally warned her, file an AP for sanctions immediately with the BK court. She has been noticed by the BK court, by the Trustee and then again by you formally and with a mailed receipt, you would have a very good case for sanctions. Although it may be overkill to send her another notice, it would show you did your due diligence to inform her of the protection of the stay and the ramifications, even though she has already been dually warned.

        That should scare her nasty ass into compliance. Document everything, take a picture of her phone number on your caller ID if she calls. If she tries to sue you in Superior or SC court, save the documents.

        Also, file a notice of BK with the court she tried sue you in. There is a form template somewhere on the web, I may have one saved to my hardrive if you need it, I can email it to you.

        Comment


          #5
          TY dearie! I think I'll go with that form for the bk court you mentioned. At least this is all on record.

          I left feeling relieved, she must've been PISSED because she really thought she was going to nail me. I was ready to dial up my boss right there in front of the Trustee under oath too...
          12/05/08 - filed pro se
          01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
          04/01/09 - new 341 scheduled
          6/02/09 - DISCHARGED!!!

          Comment


            #6
            I just emailed you the notice of stay PDF form, be sure to get your debtor ed certificate in if you haven't already. Then it is smooth sailing until discharge!

            Comment


              #7
              I'm curious what kind of debt this is. Just being nosey I guess but wondering why someone seems to think they are beyond what the bankruptcy court orders as discharged.

              Comment


                #8
                Originally posted by dingdong View Post
                Ooooh!

                Welcome to da club! Soon the elite vip discharge section of the club, roped off for all us dischargees!

                What a BEEEEYAAATCH! Your creditor that showed up. Can you imagine the scenario if she does try to sue you during the stay or after?

                Um, your honor, I would like to call Mr. Trustee, who verbally warned on record that Ms Beyatch was not allowed to sue me for this matter during my stay of after discharge and further attempts to collect on this debt are considered harassment. I would like you to find Ms Beyatch in contempt and fine her a gazillion dollars for her willfull and malicious contemp of the Federal BK laws.
                Thank you very much , Ms. Blankslate.

                I would drive down to SD just to watch that one!

                With Margaritas afterword.

                Glad you survived the 341, now you can breathe a little.
                LOL!!! You are so silly "dingdong"

                OP: I am sooo glad that you are finally in for the 60 day countdown! Here's to an UNeventful next 59 days!
                May 2008 Hired 1st Attorney/Stopped paying CCs
                May 21, 2009 Retained 2nd Attorney
                May 28th - Filed for Ch 7 (FINALLY!)
                9/11/09 - DISCHARGED!!!!

                Comment


                  #9
                  Ohhhh that BEEEEEYAAATCH chick better not mess with the California BK FORUM girls.

                  She'd be toast!
                  Chapter 7 filed 10/21/2008
                  341 - 11/26 went smooth NO ASSET
                  Took 115 days after 341 - But Finally DISCHARGED 3/25/09

                  Comment


                    #10
                    Originally posted by relief13035 View Post
                    Ohhhh that BEEEEEYAAATCH chick better not mess with the California BK FORUM girls.

                    She'd be toast!
                    LOL!! I am having all sorts of fun here tonight!

                    P.S. My husband asked me what am I going to do when this whole BK thing is over?!? Hmmm, I don't know....never thought about that
                    May 2008 Hired 1st Attorney/Stopped paying CCs
                    May 21, 2009 Retained 2nd Attorney
                    May 28th - Filed for Ch 7 (FINALLY!)
                    9/11/09 - DISCHARGED!!!!

                    Comment


                      #11
                      Originally posted by relief13035 View Post
                      Ohhhh that BEEEEEYAAATCH chick better not mess with the California BK FORUM girls.

                      She'd be toast!
                      oh now it's the California BK girls FORUM story of my life surrounded by broke women
                      Chapter 7 07/30/2008
                      341 09/17/2008
                      Discharge 11/21/2008

                      Comment


                        #12
                        Originally posted by TEW View Post
                        oh now it's the California BK girls FORUM story of my life surrounded by broke women
                        LOL yea but at least we're cute and actually intelligent enough to do bk ourselves! We're unstoppable now!

                        One part of the day that felt really good was when an attorney who'd mistaken me for his client came to me afterwards and complimented me on being pro se. He told me I am VERY brave.
                        12/05/08 - filed pro se
                        01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
                        04/01/09 - new 341 scheduled
                        6/02/09 - DISCHARGED!!!

                        Comment


                          #13
                          We should start a Cali BK girl band!

                          Screw being broke, I am so over it!

                          We could start with the Ellen Show! ( She & Portia used to come into my restaurant almost every day, so I have a bit of an inside advantage to getting booked)

                          And with the ecomony the way it is and BK's on the rise, we would be very trendy and timely......

                          Black Amex Card, here we come! (PIF every month of course!)

                          Comment


                            #14
                            And plus, ya all can see how "Hot" I am , I mean come on, look at my picture to the left




                            <--------------------------------


                            I am oozing with sex appeal!

                            Comment


                              #15
                              Congrats on the 60 day club.

                              In essence each violation of the automatic stay can be a thousand dollar fine plus court costs. Assuming she is stupid enough to follow through. I hope the Trustee's recorder was running when he warned her....that would just be that much more damning in later cases.
                              May 31st, 2007: Petition Filed by my lawyer
                              July 2nd, 2007: 341 Meeting Held
                              September 4th, 2007: Discharged and Closed.

                              Comment

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