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Default Freaking Out Over Unemployment Insurance Appeals Hearing

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    #16
    i'm sorry to hear about this continuing situation for you..

    i'm not certain how they would work it if you can prove insolvency, hopefully that will work in case they request any funds back. i would still attempt to see if you can get a free consult somewhere???? or if you can't afford that to see if you qualify for legal aid?
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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      #17
      Originally posted by optimistic1 View Post
      Update.


      They won the appeal, the court allowed the filing even though it was late due to the error, the administrative code which is law that pertains to the subject, clearly states it.

      And after they won that, even with a lot of paperwork evidence, they lost the initial decision, and they instantly appealed that, and they have an attorney that is free for them because they use a reputable payroll company.

      So now, we are scrambling to get anything on them and we are preparing our case. If we lose, hopefully we can just show that we are unable to pay it back and hopefully it will be canceled, they do allow it, but only under extreme financial hardship.

      I will update again after the initial appeal hearing, I am hoping it will be strike two for them, because they can appeal the appeal a third time and possibly win again. I cant wait until the whole stupid thing is over with.

      Their claim has quite a few holes in it, and I am hoping the judge will see it for what it is.
      OMG... PLEASE let us know how this comes out... I am rooting for you!!
      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
      Not an attorney - just an opinionated woman.

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        #18
        Won the appeal hearing! They can still appeal one more time but its to the board, only to see if a reopening is justified. Aint over yet, but so far, its 2-0.

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          #19


          YES!!!!!!!!!!!!!!!!!!
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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            #20
            So far, so good Congratulations!!!!
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

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              #21
              Originally posted by optimistic1 View Post
              Won the appeal hearing! They can still appeal one more time but its to the board, only to see if a reopening is justified. Aint over yet, but so far, its 2-0.
              OPTIMISTIC that is AWSOME - your efforts persistence have paid off!!!!!!!!

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                #22
                Great news - very happy for you! Keep up the fight !
                Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
                New Job 7-2011

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                  #23
                  Originally posted by optimistic1 View Post
                  Won the appeal hearing! They can still appeal one more time but its to the board, only to see if a reopening is justified. Aint over yet, but so far, its 2-0.
                  I am happy to read that things are headed in your favor!
                  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.

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                    #24
                    My thanks goes to everyone on this forum, I used some of the things I learned on here to help me win. Certified letters go along way!

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                      #25
                      optimistic1, i LOVE your addy!!!! it's great!
                      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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                        #26
                        Another update,

                        They tried appealing the appeal with the board, and they lost once again, they tried to introduce new evidence, which is actually just old evidence. Can you believe that they can appeal this decision one final time, how ridiculous!!!! The fat lady still hasnt sung yet!

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                          #27
                          Originally posted by optimistic1
                          Another update,

                          They tried appealing the appeal with the board, and they lost once again, they tried to introduce new evidence, which is actually just old evidence. Can you believe that they can appeal this decision one final time, how ridiculous!!!! The fat lady still hasnt sung yet!
                          so sorry to hear!! i'm really hoping they will lose once again.
                          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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                            #28
                            When my hubby was laid off last year and received a lump sum severance check our attorney told us that he qualified for unemployment because it was dispersed as lump sum vs paid over time. I know a friend that worked a a jerk of a company that paid her a lump sum and fought her every step of the way to get her unemployment. Honestly some of these companies take being a jerk to the 9th degree.

                            Originally posted by discombob1 View Post
                            My BF had the same thing happen. He went to the hearing and won. His had nothing to so with incorrect information, but rather how he reported his severance check. What is ironic is he called the state twice to ask how to report it. They still sent a letter saying he owed money. He appealed and won without an attorney (couldn't afford one due to unemployment). I would say get a free consultation as already suggested but definitely show up for the hearing!
                            Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

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