Motion for Relief of Stay -- Insane

[music12]

if these are lawyers trying to get legal fees from you, then not only should their motion be denied, they should also be punished by the bk court for violating the bk rules. atty fees are dischargeable, period. and attorneys know that, so these crooks are knowingly harrassing you without legal ground. i would suggest you ask your bk atty to call them up and say that unless they withdraw their motion, your bk atty will not only object to their motion for relief from stay, but also file a motion for sanctions against them with the court and with the state bar.

as to your other family members, i am afraid that anybody who is not filing for bk may be subjected to having to fight them in court, even if everything they say is groundless.

[tigergem]

So, this is a law firm then, and they filed a Motion for Relief from Stay? What kind of attorneys are they? Gimme a break. Heck even I know better and I'm just a barefootin, truck drivin' hillbilly. No wonder your bk attorney isn't worried. Neither should you be. I mean, yeah, you are going to have to defend this, but you know there are laws against filing frivolous documents in bankruptcy court. Uh yeah. I would hit them back for sanctions for that. Mention that to your attorney. Sit back. Relax. Enjoy.

[Jengo]

Did you have a retainer or fee agreement with them?

Yeah. 250 per hour for atty and 75 per hour for advocate

[tigergem]

Did you have a retainer or fee agreement with them?

[Jengo]

Oh ok. Gotcha. I was having trouble getting my head around all of this. It's quite a convoluted situation, and doesn't quite all make sense. If this was a social service organization of some type that provided your family with assistance with your child, one would think their attorneys would be more sophisticated than this situation portrays. What are they trying to say you owe them money for anyway?

They are saying that I owe them for legal fees which somehow I racked up 50,000 in 3 months

[tigergem]

Oh ok. Gotcha. I was having trouble getting my head around all of this. It's quite a convoluted situation, and doesn't quite all make sense. If this was a social service organization of some type that provided your family with assistance with your child, one would think their attorneys would be more sophisticated than this situation portrays. What are they trying to say you owe them money for anyway?

[Jengo]

So why was he served with a Motion for Relief from Stay if he hasn't even filed a bk of his own yet? And why would he have been served with a Motion for Relief from Stay in your bk if he isn't a party to it?

He wasn't served with a otion for relief. I was. He was served with the lawsuit back in Feb of this year which in turn he told me about the lawsuit

[tigergem]

So why was he served with a Motion for Relief from Stay if he hasn't even filed a bk of his own yet? And why would he have been served with a Motion for Relief from Stay in your bk if he isn't a party to it?

[Jengo]

Is your husband party to your bankruptcy?

No. He's not. But he will also have to file for a Chapter 13 because of them and his overall debt now is exorbitant with a lot of nondischargeable debt.

[tigergem]

Is your husband party to your bankruptcy?

[Jengo]

If they didn't file it and you didn't get served, how do you even know it exists?

Because they served my husband and he told me about it so I am aware of the lawsuit

[tigergem]

If they didn't file it and you didn't get served, how do you even know it exists?

[Jengo]

They sure know an awful lot about your personal life to have not known where to find you for service.

Yeah, they do because they represented me in a case for my child and there's been many emails back and forth. But the courier service couldn't find my apartment complex.

I have looked in all those emails where it may state that the other family member was responsible for rent and utilities, etc., but I haven't been able to find any. I found some but it was always me complaining that I couldn't do it and was struggling with coming up with rent. It was a verbal and they knew that this person was helping me a lot and lending money when I needed it because at that time my son was in the hospital. They're also attempting to state that I can work more which I have been working but economic crisis has taken toll on my industry. I'm an independent contractor. I was working but I was having to take time off because of my son and there are emails regarding this and that I was having to take time off from work because of so many doctor appointments and so forth so it did lower my income. But the point is is that there are still many doctor appointments to come in the future for him as well as myself so regardless I have to take care of my health and my son's.

They're also trying to claim that there is no child support and that I have no intent to divorce or legally separate and that this support could be used as income. I have been separated for about 3 years now and there is no agreement for child support and I do not recieve child support and there is an agreement with him that as long as he provides insurance for me that I wouldn't ask for child support. I am being provided insurance through his work because I am uninsurable because of so many pre-existing conditions. I've already checked into getting my own insurance and the premiums are way through the roof and very little coverage or they deny me straight out.

It seems they're just trying to show that the family member is contributing to rent and sharing rent, paying utilities lowering daily living expenses, showing that I could get money for child support...enough to lower it to qualify me for a chapter 13 and paying back my debt. Regardless of that, my income falls well below the household median in my state and the reason why I qualified for chapter 7. But the issue is unfortunately the person that is living with me is extremely upset at the whole situation and is threatening to move out, I had to name them on my BK because I had to borrow money from her and I do owe her quite a bit because of the amount I had to borrow from her to get through the family crisis. Reality is, even if they can show which will be very difficult that they are paying rent...she has paid some utilities and there are checks with her name on it but there are no checks for payments of rent because I'm the one that's been paying rent and have proof of this, I can't depend on her or anybody else to be responsible for my life and my debts. If she moves, i am screwed. I guess if it gets converted to a chapter 13 and then she leaves I will have to reconvert it back to a chapter 7.

But also, another issue with the person living with me helps a lot iwth my child especially for daycare and I did not claim this in my BK. If she leaves, then i will have daycare costs as well.

I don't know. I have yet to talk to my attorney. BUT a lady today emailed me and said she checked the court website and there so far is no motion that has been filed. She asked me to please send her a scanned copy of it. I'm assuming since they never served me and I have proof of their screw up and attempting service to the wrong apartment complex that they may very well have withdrew their motion because this is what a large amount of their motion was based on and why they were attempting to use the signed declaration in an attempt to show that that was my CURRENT living situation and what I signed 6 months ago.

Anywya.....OI. I just wish these A holes would leave me and my family alone.

[tigergem]

They sure know an awful lot about your personal life to have not known where to find you for service.

[Jengo]

OMG, thank you everyone for replying. I've been so stressed out over this because if I don't get a discharge or it gets dismissed as these people are very corrupt, I'm screwed financially. Not good to have bank accounts taken from me, any wages I am earning, etc., when i have my own very serious health problems and my child is substantially disabled.