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Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
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Experience:  10 years Exp., Great customer service, Prompt responses.
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For Paul K., Esq. only Given all that I said in my last

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For Paul K., Esq. only

Given all that I said in my last communication, I'm not sure what to do about the $14985.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Fran-mod replied 1 year ago.
I will contact Paul K and tell him that your question is waiting for him. He will see it when he next checks his email.

Thanks for your patience.
Expert:  Paul K, Esq. replied 1 year ago.
The best thing I guess, would be to include it in your motion and that way the validity of it is litigated in court. Also in an effort to settle this whole matter they may agree to refund part of it.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
What should I say if the court asks if I had help from an atty in drafting this document ?
Expert:  Paul K, Esq. replied 1 year ago.
would just say you did it after doing your own research.
Customer: replied 1 year ago.
Should I file a claim on behalf of the secured creditor who has not done so ?(motorcycle)

Since I am pro se, can I ask to be compensated for my time ? (I have two master's degrees). If not, should I remove references to attys' fees ?
Expert:  Paul K, Esq. replied 1 year ago.
You can file claim on behalf of motorcycle but wait until after claims bar date passes to give them time to do it. You can even call and ask them to file it.

Only attys can get atty fees, regardless of how many degrees you have, unfortunately. YOu can use your two masters to explain why the motion is so good however.
Customer: replied 1 year ago.
Ha, but then I'd have to explain why I'm BK !

I want to file this thing tomorrow when I go for my confirmation hearing, but I have a few more questions:

Will mentioning medical attention sought give Creditors right to subpoena medical records ?

Does it matter that all the issues with the main creditor occurred post-petition ?
(I found the schedule where I noticed them on Nov. 3.)
Expert:  Paul K, Esq. replied 1 year ago.
You dont have to give medical records and they wont ask. You could use a bill where you redact confidential info as support for money you paid to a doctor for damages, but you dont need to.

All bad actions SHOULD occur post-petition to be actionable under a Motion to Show Cause.

Good luck on confirmation tomorrow!!!
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Can you find what the verdict was in BK 4:08-bk-01729-ewh in Arizona ?
Expert:  Paul K, Esq. replied 1 year ago.
I dont know if that is the case you really want to know about or not. All I can see is that it was a CHapter 11 and the Debtors did not get a discharge. It was closed in April 2012. I see they sued Mays jewelry but the result is private. Often with a settlement the terms are confidential so that the Defendant doesn't get bad press. Again, settling it the best way to go as it saves time and energy and you dont get overruled by a judge. Any money is better than no money.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
No, this is a case with the same defendant as in mine. Maybe I got the case # XXXXX Nevertheless, will you review my pleading if I send it you privately ?

Then ..., I need a brief pleading that I can serve on six other creditors who have violated the stay by continuing to report my accounts as "past due", accrue fees & interests, and, in one case, had a collection agency contact me.

Thanks again.
Expert:  Paul K, Esq. replied 1 year ago.
I can review. Ill just post a couple more times on here so you can accept. Haha.

As for the other ones , you can just use the first one as a model and change the facts to match what they did. No need to recreate the wheel, you know!
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
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Customer: replied 1 year ago.
Right, but isnt it a bit lengthy ? I dont want to burden the court unnecessarily. The judge has been very accommodating already - not only with me, but also with other debtors and their lawyers.

I have 6-7 creditors who have violated the stay by continuing to report
to credit bureaus; one having done so on three different accounts.
Expert:  Paul K, Esq. replied 1 year ago.
You can shorten it a bit, but that Motion isn't really lengthy by Court standards. Many documents are 15-20 pages, so that is not bad at all. Good luck!!!! How did confirmation go?
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
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Customer: replied 1 year ago.
Confirmation went well with a couple of minor caveats, like renoticing a secured creditor via certified mail. The judge is surprisingly nice and patient with everyone. I hear he's a recent appointee, so maybe it wont last !
Customer: replied 1 year ago.
Have you had a chance to review my pleading ?
Expert:  Paul K, Esq. replied 1 year ago.
I would be happy to review and edit. This can take time to make sure all your facts and grammar and everything are correct. I do not recall seeing this however. Did you PM or mail it?
Customer: replied 1 year ago.
I sent it to your msn address on 3/18
Expert:  Paul K, Esq. replied 1 year ago.
Reply to my message and resend. I never got it for some reason. Sorry!
Customer: replied 1 year ago.
Here it is (hopefully). I'll send to msn too.

Attachment: 2013-03-21_204112_motion.docx

Expert:  Paul K, Esq. replied 1 year ago.
Ok, this will take some time and energy, so I will review and dont forget to rate! It has been a great experience helping you and I dont mind answering questions throughout your case as needed.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
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Expert:  Paul K, Esq. replied 1 year ago.
In regards XXXXX XXXXX Motion, check for more info in the brackets. THere are a couple times in it where I put some brackets "[ ]" with info in them. I think it is good, just make sure you attach the exhibits and mail to whoever it needs to go to.
Customer: replied 1 year ago.
How do I cite this :graphic
Expert:  Paul K, Esq. replied 1 year ago.
The best way to do it would be to say Jones v. EBay, Adv Pro No. [Whatever it is], attached as Exhibit P, and attach the judgment that you are referencing.
Customer: replied 1 year ago.
Do I need to send form b20a to the creditors with, or in advance of, the actual show cause motion ? I couldnt get a straight answer from the clerk or the trustee's office.
Expert:  Paul K, Esq. replied 1 year ago.
File both with the court and mail them both to creditors simultaneously. Have a good weekend!!!!
Customer: replied 1 year ago.
sorry - "both" what ?
Expert:  Paul K, Esq. replied 1 year ago.
Both the Motion and the Notice of Motion (FormB20A).
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Should I include all of the exhibits to the Motion that I send to the Creditors ?
Expert:  Paul K, Esq. replied 1 year ago.
Yes. You have to do so. Hopefully you at least get your money back. Keep in mind the goal is to settle, so don't get too greedy and don't take it too personally. It is hard to get a judge to award a huge amount, so if you get a good offer, take it!
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Should I itemize requests for damages i.e. $X for actual, $X for punitive, $X for emo/psych or something otherwise ?
Customer: replied 1 year ago.
Please ck your msn email
Expert:  Paul K, Esq. replied 1 year ago.
Yes you should itemize so that they know exactly what you are requesting. I will check into it!!! Have a good week!
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
There's no bolding or underlining in the draft you send to me this AM.
Expert:  Paul K, Esq. replied 1 year ago.
Its not really a big deal and they wont expect you to know how. I spent a long time doing it on the first one I sent back, so just compare the two. basically, you should bold and underline Exhibit A, Exhibit B, etc. It isn't going to effect the result or anything, but I was just trying toi make it look even better. So check the first one where I took the time to update them all if you want to do it. Good luck!
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
I thought so, but I dont know where your original version went.

Nevertheless, I noticed that you showed an exhibit for the Jacobs Ebay reference. Do I need to attached a whole document ? and which of the ones I sent to you ? Thanks so much for your patience and assistance !
Expert:  Paul K, Esq. replied 1 year ago.
I found the first one I sent, so I will resend it to you to compare. As for Jacobs, attach the Complaint. The best thing would be if there was a judgment order to attach, but since it was a settlement, you dont really have anything from a judge saying they were wrong in that case.If the court or opposing counsel ask about it, just say it was used to show a pattern of abuse and that they are aware of the problems in their company and still havent corrected them.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
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Customer: replied 1 year ago.
Please resend the first one. Thanks!
Expert:  Paul K, Esq. replied 1 year ago.
Sending now. If you have questions or more issues, feel free to let me know.
Expert:  Paul K, Esq. replied 1 year ago.
… should not be held in contempt and sanctioned for its willful violations of the automatic stay provisions of Section 362(a) of the Bankruptcy Code and 362(k) of the Bankruptcy Code and for actual damages and punitive damages in the amount of $20,000.00.


The punitive damages of $20,000.00 sought in this case are reasonable and necessary to prevent Creditor and Collection Agency from taking these actions in future cases. Creditor and Collection Agency are experienced in the bankruptcy court and with its rules, and therefore, has no excuse for the actions they took in this matter. In addition, the $20,000.00 amount requested is necessary and sufficient enough to sting the pocketbook of a large company such as Creditor and Collection Agency.

Based upon Creditor and Collection Agency’s willful actions and the consequences they have had upon the Debtor, he requests $20,000.00 in punitive damages from Creditor and Collection Agency in this case and a refund of the $3,093.71 taken by Creditor and the $14,985.00 being held by Creditor.

WHEREFORE, … and for punitive damages in the amount of $20,000.00 and actual damages in the amount of $18,078.71, consisting of a refund of the $3,093.71 taken by Creditor and the $14,985.00 being held by Creditor, and for such other and further relief as is just, including any additional damages which the Debtor may incur from the date of the filing of this Motion through the date of the hearing.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
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Customer: replied 1 year ago.
I mailed the motion to the court and they've entered it on Pacer.

What should I expect to happen next ?
Expert:  Paul K, Esq. replied 1 year ago.
You served the Motion and Notice of Motion, right? After that, the parties will have a certain amount of time to respond. If they do, there will be a hearing. If not, you get a judgment against them. Just make sure you actually serve them correctly so that they cant claim some deficiency in service.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
I mailed the motion to all required parties, but the judge's calendar clerk told me that I did not need to serve the Notice of Motion.
Expert:  Paul K, Esq. replied 1 year ago.
Great. So now you just wait to see if someone objects. The Court should schedule a hearing to rule on it. So for now be patient and wait for opposing counsel to reply.

Have a great weekend!
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
I called the creditor again about getting the $390 refunded. They said they would do so within 72 hours, but today I got a message saying that they wouldnt do so until the balance on an old accout - about which I have long forgotten - was paid.

What to do ?
Expert:  Paul K, Esq. replied 1 year ago.
Wow...You got them good!!!! They cannot make you pay a pre-petition debt. That is a clear violation of the BK law. I would file a Supplement., Call it a Response in Support of Motion to Show Cause. State that the Creditor clearly doesn't respect BK law or the Code. They contacted you and said they would give you some money back, but only if you paid them back on a pre-petition debt. This clearly is a violation of the code and shows a callous disregard for bankruptcy law and disrespect for this Court. Punitive damages are clearly due as the Creditor continues to violate the Code and harass the Debtor.

Good luck. Let me know how it goes!!! Have a great weekend and dont forget to accept!
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
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Customer: replied 1 year ago.
Just to be clear, the agent I spoke with two weeks ago told me it would take 15-30 days once I provided a debit card number. Since the refund had not yet arrived, I contacted them again 3 days ago and was told that it would be processed immediately and should appear within 72 hours. I received an email yesterday saying that it would not be refunded until I paid the balance on the old account. I really need the cash, so should I contact them again, repeat the BK data, and demand the refund ?
Expert:  Paul K, Esq. replied 1 year ago.
Yes, call them, demand immediate payment and remind them of the BK. Record the conversation if possible, Make it clear that under the code, it is a violation: 1) to request payment on a pre-petition debt and 2) to not turn over funds held in violation of the Code. If they do not return the money, they will surely be sanctioned by the Court!
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Would it be to my greater advantage to not call them, but to instead file the Response in Support ?
Expert:  Paul K, Esq. replied 1 year ago.
Do Response in Support detailing what happened, but call as well so that hopefully you get some money back.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
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Customer: replied 1 year ago.
I called again, but to little avail. They said they have no record of BK and would thus need to refer the matter to a Billing Specialist. I recorded the conversation: permissible by Oregon law. Should I attach a transcript or submit an audio file with the Motion in Support ?
Expert:  Paul K, Esq. replied 1 year ago.
Unless they said something particularly rude or damaging, just reference what they said. If it was really harsh, attach transcript.
Customer: replied 1 year ago.
I'm preparing to file motions to appear and show cause on several creditors who have violated the auto stay by continuing to report my accounts to the credit bureaus as past due.

Is it advisable to use the same language/template for all of them with the exception of their names ?
Expert:  Paul K, Esq. replied 1 year ago.
You can use same template but change the facts to apply to what they specifically did. I would also Google the Fair Credit Reporting Act and say they violated that too. I think it is an automatic $1,000.00 in damages per creditor.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
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Customer: replied 1 year ago.
Any idea which section of the FCRA ?
Customer: replied 1 year ago.
I filed the motion in support. I also called the creditor again since they told me they'd get back to me within 72 hours and didnt (for the third time) and I got the exact same run-around. Still no refund. Should I report it to the court again ?
Expert:  Paul K, Esq. replied 1 year ago.
ave it for the hearing. You will want to put together an argument to make in court. They will know everything in the motion and response, so you will want to focus on what happened since, how they are still giving you the run around and basically laughing at your BK, disrespecting the court and BK law because they don't think there will be any serious punishments to them.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
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Customer: replied 1 year ago.
I called PP to get a corrected copy of a 1099 that they're now required to send. The rep said "OK. It looks like we have a negative balance of $XXX. The quick and easiest way to take of that is to take a payment over the phone or we can take a bank transfer too in these situations. It's probably a bit easier".

…..

I asked "Do your records not show that I'm involved in a bankruptcy?.

He said "The negative transactions took place after you filed, so they dont qualify under that bankruptcy. After the filing date. If you would refile and include this, that's a different matter, but as it stands our legal department has looked into it and these transactions occurred after your filing date. If you'd like, if you can get that information back, we can resubmit it."

Then he ditched my call while I held for 15 minutes and never came back.

Your thoughts, please.
Expert:  Paul K, Esq. replied 1 year ago.
Trace your records and see if it was post-petition or not. If it was but based on a pre-petition debt, then they can't do it. If you bought something post-petition, then it is a post-petition purchase and therefore not part of the BK.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
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Customer: replied 1 year ago.
This is the same creditor Ebay/PayPal that we've been discussing all along. The charges arose after I initially filed BK, and I added them as a creditor 2-3 weeks later.
Expert:  Paul K, Esq. replied 1 year ago.
Ok, it doesn't matter when the charges occurred, more when the purchase occurred. If you bought something or did something that incurred a charge prior to filing, but dont actually get a bill or get charged until after you filed, then you dont have to pay.

If you filed, and then a week later bought things and want it to be part of the bankruptcy, then that is not part of it and you do have to pay. The automatic stay comes up as of the date you file and separates all actions taken before and after that date.

So most likely you had transactions that occurred prior to filing but they billed you afterwards and are trying to make you pay. That is included and is protected by the Stay.
Customer: replied 1 year ago.
The monies are actually chargebacks. I sold stuff on EB after I filed. The chargebacks started occuring two weeks later when I realized that the guy for whom I was selling the stuff was a conman. All the people I sold to filed claims with EB and EB refunded all of their money, but charged my account with all that they paid out. I amended my petition immediately and notified EB of same.
Expert:  Paul K, Esq. replied 1 year ago.
Well, unfortunately, for things 100% post-petition, that is not part of the bankruptcy. If, however, they are refunding other people, but not refunding you as punishment for filing and discharging some debt to them, then that is not allowed.

Good luck, sounds like a crazy case!!!!
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
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Customer: replied 1 year ago.
Are they not still prohibited from trying to collect a post-petition debt while I'm in CH 13 ? What do I do about the Motions I've already filed ?
Expert:  Paul K, Esq. replied 1 year ago.
Has anyone objected yet? If they dont object, you win. If they do, you just want to make sure they understand that some of the money they are holding and some of the actions were started pre-petition and that any post-petition issues are all retribution for you filing BK on their debt.
Expert:  Paul K, Esq. replied 1 year ago.
Here is some good FCRA info:

http://www.creditinfocenter.com/repair/DisputingWithOriginalCreditor.shtml
Customer: replied 1 year ago.
They have not yet objected. Neither has the court set a hearing date. It is true that I had begun a relationship with the conman - who found me through them - before I filed, but no sales were made and no funds were collected or refunded by me or EB until after I filed. How long do they have to object ?
Expert:  Paul K, Esq. replied 1 year ago.
Usually 14 days. You may want to contact Court's law clerk to see if, procedurally, there is anything left you need to do or if there is something you missed.
Paul K, Esq., Attorney
Category: Bankruptcy Law
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Customer: replied 1 year ago.

What is to be made of the following Order to Strike document ?


Memorandum In Support of 82 Motion for Order to Show Cause Re: Contempt Filed By Debtor filed by Debtor on 3/28/13 and 4/2/13 is/are STRICKEN and will have no legal effect, for the reason(s) stated below:

Your correspondence appears to require legal advice. The court is forbidden by federal law from giving legal advice as it must remain neutral. Your situation may require a formal adversary proceeding, a fee, and certain documents (e.g., Complaint and Coversheet − see Fed. Rule
Bankr. Proc. 7001). If so, you must comply with the attached instructions. It is suggested you see an attorney at once!

 

**Please refer to the enclosed Court's correspondence dated February 25, 2013.
The document(s) must be filed properly in order to have any legal effect or for the court to take any
action.
2. Any fees accompanying the document(s) will not be refunded but will be applied to the document if
refiled.
3. Refiling − effective date of corrected filing:
To refile the document(s), you must (a) file a new document that corrects the defect that was the reason
for striking; AND (b) include the full filing fee, if required (unless the fee was already paid); AND (c)
serve any copies as required by court rules. The new document will be entered on the docket as filed on
the new date of tender, and will not be considered an amendment to any previously filed document,
unless you comply with either ¶4 or 5 below.
4. Refiling − effective date of original filing:
If you need the corrected document to be deemed filed as of the date of the original filing, you must file
with the court within the later of 7 days from the "Filed" date of this order or any other period specified in
¶1 above BOTH:
(a) a new document that corrects the defect that was the reason for striking AND
(b) a certification that copies of both (i) this order and (ii) the corrected document(s) were served on all
parties that were served with a copy of the original document(s) listed in ¶1 above.
Any time deadlines such as time to file responsive documents or to set hearings will be tolled and not
begin to run until the filing date of the corrected document.
5. Inability to file corrected document:
If you cannot timely file a corrected document as provided in ¶4 above, you may request reconsideration
of this order striking the document or action. To request reconsideration, you must file with the court within 7 days of the "Filed" date of this order, or any other period specified in ¶1 above, a written request
that the court reconsider the Order Striking Document(s)/Action. The reconsideration request must (a)
clearly set forth all grounds for failing to timely file a corrected document as described in ¶4 above AND
(b) include a certification that a copy of the request was served on all parties that were served with a
copy of the original document(s) listed in ¶1 above.

 

Expert:  Paul K, Esq. replied 1 year ago.
What is the correspondence from Feb 25, 2013? I have not seen this at all, but it sounds as if on that date, they sent you a letter about what to do or how to do something in regards XXXXX XXXXX It sounds as if, by what you pasted here, that they are not allowing the Response in Support or something? It is hard to tell exactly, but that tis what it looks like. Check out whatever they mailed to you 2/25/13 and go from there.
Paul K, Esq., Attorney
Category: Bankruptcy Law
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Customer: replied 1 year ago.
The 2/25 letter stated:

The court has received you letter of Feb 19. Matters concerning allegation of violation of the automatic stay much be brought by adversary proceeding. Enclosed is a packet of information regarding same. As such, no action will be taken on your letter/motion.

I received the 2/25 in response to a letter that I sent reporting five creditors for violating the auto stay.

Does this mean that the court is not going to allow my motions but rather they are insisting that I file an adversary proceeding ?

What if I cant find an attorney who will take the cases on contingency since I cant afford to hire one ?
Expert:  Paul K, Esq. replied 1 year ago.
Ok, well that changes things. Most courts allow you to do one way or the other. THey may advise you to do it one way, but allow the other. It sounds like this Judge is not very helpful and forces an Adv Pro.

In order to determine the next step, you have to really figure out if 1) it is worth the time, energy, and money, and 2) was it pre-petition in some way or retribution for the BK filing. If 100% of it was post-petition, then those are charges you have to pay and they can collect as long as 100% post-petition. THink of it this way, if you file, everything prior to that day is protected, everything after is fair game. For example, if you file, and then went and used a credit card to buy 3 TVs and a car, you have to pay for those because they were after the filing.

If you want to do an Adv Pro yourself, you basically make it kind of similar to the Motion. It sounds like they provided samples and instructions on how to do it and I can always assist a bit.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
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Customer: replied 1 year ago.
I'm going to call the court's help line that's listed on the forms and I'm also going to talk to two or more local lawyers to see if anyone will take my case on contingency

Meanwhile, after re-reading the letter striking, it seems possible that all they want from me is the formal, published coversheet and maybe one or two additional forms they sent. I'm not sure how to complete them, however, and would appreciate your comments.

I cant attach PDF files here, so I'll send them via other means.
Customer: replied 1 year ago.
I think I found a local atty who will take my cases on a contingency, so dont bother responding about the documents. Thanks for all of your help !
Expert:  Paul K, Esq. replied 1 year ago.
Great, no problem. I had reviewed them and was prepping some of it, but an in town attorney would be easier for you. Feel free to keep me in the loop and ask questions throughout your case. 5 years is a long time for things to pop up, so let me know and I can assist. Thanks and good luck!!!
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
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Customer: replied 1 year ago.
The atty I was hoping would take the case decided that he couldnt take it on contigency. He stated that I had done such a good job on the complaint, he had no doubt that I could do the required docs for the adv pro.

He wrote "Honestly, given the work you have produced, I don't doubt that you would be able to draft an acceptable adversary proceeding (to include a caption, identification of the parties, statement of the proper venue for the court, statement of the court's jurisdiction (usually 28 U.S.C. § 133), whether the matter is a core proceeding (idenfying the subsection of 28 U.S.C. § 157) and then the allegations of the stay violations).

So, if you can help me with this, I'd be appreciative.
Expert:  Paul K, Esq. replied 1 year ago.
Sure, maybe start a new chat so we don't have to scroll down so far. This one is LONG.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
I was thinking the same thing.

I'll mark it for Paul K only
Customer: replied 1 year ago.
I've twice tried to post to Paul K Only - but either another expert is snathcing the question or it's being automatically re-routed to her. I've sent a message to JA asking them to fix the problem.
Expert:  Paul K, Esq. replied 1 year ago.
OK.
Customer: replied 1 year ago.
Until they get it resoved, can we carry on in this thread ?
Expert:  Paul K, Esq. replied 1 year ago.
ok so fill out the cover sheet and the other page or two and send to me to review. THis is kind of complex, so I may need to review a couple thing. Ill just review and send back and post comments here.
Customer: replied 1 year ago.
Do I need to write a letter to the judge explaining why I remain pro se ? I've talked to five lawyers whom, for various reasons, none of which have anything to do with my case, will not represent me
Expert:  Paul K, Esq. replied 1 year ago.
No. It might make him think you have a bad case. I'm still not sure from your chain of events what they did wrong related to a prepetition debt but all the millions of conversations are running together by now.

So get me what you have and we will plow through and hope for the best. Again, before you incur a filing fee, make sure you want to do this.
Customer: replied 1 year ago.
The moderator emailed me and said she'd notify you of the new thread I started. Did she not ?
Expert:  Paul K, Esq. replied 1 year ago.
Nothing yet, for now, review my previous post and get started. Then how about tonight at 10pm EST you log in and post and I will be on and accept right away.
Customer: replied 1 year ago.
OK
Expert:  Paul K, Esq. replied 1 year ago.
I'm on now, so I will be ready at 10.
Customer: replied 1 year ago.
Are you in Central or Eastern time zone ?
Expert:  Paul K, Esq. replied 1 year ago.
Eastern. but I am ready now, if you post.
Expert:  Paul K, Esq. replied 1 year ago.
Also obviously make sure you are posting in the bankruptcy section or I won't see it.
Customer: replied 1 year ago.
The JA system still wont allow me to post a new question without paying a deposit. I asked the moderator about this, but she did not respond to that part of my query.
Expert:  Paul K, Esq. replied 1 year ago.
Ok, well just stay in here then. There is alot to scroll through but at least it is free. Prep the cover sheet and the other pages, send to me, and I will review. Thanks!!!!
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
JA's system does not all one to upload a PDF file, so I'm sending the files to a secondary address.
Customer: replied 1 year ago.
You said that I havent made clear what the defendant did.

I've been selling stuff on EB for years.

I filed CH 13 on October 16, 2012.

A few weeks prior, I was contacted by an individual to sell items for them on EB.

I began offering items for sale on EB for them on October 26 in accordance with their Trading Assistant program.

The arrangement turned out to be a scam.

I collected over $20K for them and sent the funds to a third party.

I refunded at least $4400 to customers, which was the all I had in my PayPal (PP) account.

EB/PP eventually refunded all other customers through their Buyer Protection Program and ultimately debited my PP account for $12K, plus approx $3K that was in my account before the scam occurred.

I added EB/PP to my CH13 on Nov. 3rd, not knowing what the eventual tab would be because of the refunds, chargebacks, disputes, discrepancies underway etc.

PP froze my PP account, eliminating my ability to sell items on EB and/or elsewhere.

EB/PP sent me numerous emails attempting to collect the negative balance in my PP account.

EB sent a demand letter through their collection agency.

I had a $390 credit in my EB account as a result of charges that were returned to my PP account.

I attempted on several occasions to recoup the credit in my EB account but was told on at least three occasions, verbally and via email, that I would not receive the funds unless I paid an outstanding balance on an old account (prepetition) of which I was unaware.

EB/PP closed my PP account, thus preventing access to same.
Expert:  Paul K, Esq. replied 1 year ago.
This is a tough case. Clearly trying to make you pay a pre-petition debt is a violation AND withholding the credit unless you pay the $390.00 is a violation. I don't know about the scam thing. I am not sure why you had to refund or cover the losses from a scam, BUT it was all post-petition, so the court may not even discuss that since it is not really in their purview.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you

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