Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

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

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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

                              Unconfigured Ad Widget

                              Collapse
                              Working...
                              X