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Feedback / Re: Donations
« Last post by Admin0248 on Yesterday at 05:26:05 PM »
Thanks to the generous donations of several members, we exceeded the April goal of $360.00.  We thank those members for the support.

We now have money in hand for several more months of server fees.  And, if the people who have pledged money for our support fulfill their pledges, we will have several more months in hand. 

Donations are what keeps Debtorboards in business.  We don't allow advertising so as to be able to keep our voice(s) independent.  None of the staff receives compensation for their efforts other than for the occasional programmer that is needed to keep our custom modules functioning when updates to the SMF platform are made.

Please remember, that Debtorboards is an IRS-recognized 501.c.3 charitable educational corporation.  Any donations made to DB are tax deductible on one's tax returns to the extent allowed by law.

Arbitration / Re: Fees Paid in Arbitration
« Last post by 11181986 on Yesterday at 02:49:58 PM »
TM, I think you missed the crux of the OP's question.  I think he was talking about an award of attorney's fees to the unsuccessful party, not the payment of arbitration fees.
Feedback / Re: Donations
« Last post by duh on Yesterday at 02:22:08 PM »
Done. At last.

Interesting to see the last donation posted for me says March 2017.

That feature is still messed up  :vbrofl:

No matter....

Just curious to know how things are going contribution wise
Arbitration / Re: Fees Paid in Arbitration
« Last post by freedy on Yesterday at 12:45:49 PM »

Can I assume this is true with AAA as well as Jams.

Dealing with Discover, Synch Bank, and CapOne
Feedback / Donations
« Last post by duh on Yesterday at 01:46:55 AM »
Been trying to make my April donation and Paypal is not working for me from the donation button.

Also, no idea where the forum stands for April donations .

Arbitration / Re: Fees Paid in Arbitration
« Last post by TM97 on Yesterday at 12:49:30 AM »
If you initiated the arbitration, the Consumer Minimum Rules are the foundational protocols and procedures of the JAMS arbitration.  This is easily found on JAMS website or a quick Google search. 

Rule #7 states:  With respect to the cost of the arbitration, when a consumer initiates arbitration against the company, the only fee required to be paid by the consumer is $250, which is approximately equivalent to current Court filing fees.  All other costs must be borne by the company, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's service. 

If the bank you had arbitration with is demanding fees above $250.00 and you initiated then they are in violation of these Rules.  Contact your arbitrator.  Contact your case manager.  Fight it hard.  These Rules, as I said, are the bedrock and are not subject to arbitrator change.  They agreed to them when they agree to arbitration.   

We are dealing with Discover whose counsel, Gurstel, tried to get a Summary Judgment and no formal hearing.  They lost because of Rule 5 -- The consumer must have a right to an in-person hearing in his or her hometown area.  Other portions were dealt with based on case law and arguments but denial of a formal hearing was cut and dry.  So the formal hearing is occurring next month. 

Arbitration / Fees Paid in Arbitration
« Last post by freedy on April 25, 2018 04:42:05 PM »
Does anyone have the Jams rules for payment of fees (attorney,etc)if you
lose in Arbitration?

If the bank should be awarded a judgement .

One point about having the car in your possession when you file BK...

You may or may not be able to get it into the right auction, and the trustee isn't going to let you sell it in "the right auction" unless you do a lot of convincing that the return will be higher.

Oh, and remember, anything that you get from the proceeds if the auction don't go to you, they go to the trustee.

As for looking stupid to your father and his already knowing that fact...You're going to look more stupid if you run and hide and then drag this out for a few years at high percentage rates.

I don't think a trustee is going to look kindly on your paying the credit card companies back even WITH the cash being taken from you.  It is part of your financial estate. 

And if you think about it, going for a Chapter 7 bankruptcy will have the trustee distributing the proceeds, letting you off the hook for the hassle of returning it in a preferential way.   Why are you thinking about making the credit card companies whole when you are sticking it to everyone else?

A GOOD bankruptcy attorney in your area is the way to go.  Perhaps you should contact your personal attorney or hire your family business' attorney for a recommendation.  He is more qualified for finding a good BK legal eagle than most.  He might even take the case himself.
Arbitration / Re: JAMS Appeal
« Last post by ironfist on April 20, 2018 11:53:15 PM »
Riceman - Thank you for posting your experience. I don't have anything of substance to add, but I really appreciate you detailing your fight with discover through the JAMS process. Even if the outcome is not what you hoped for at the end, everyone here benefits from the information youv'e shared.

I do have a question - in your jurisdiction, would the arb award be confirmed by the court all at once or would each "winner" do so separately? For example, let's say the decision is the same after the appeal. You owe discover $5k and they owe you $1k. Would you have to confirm the $1k award separately on your own?

I does make me wonder how it could play out with a judgment proof person who was in a similar position. Discover would have their judgment but couldn't collect, while you'd get $1k from them.

In addition, does anyone have experience with OC's paying judgments against them? Do they typically pay when awarded or do they make you do the legwork to recover?
Arbitration / Re: JAMS Appeal
« Last post by Jane007 on April 20, 2018 09:45:58 PM »
It looks like they tacked on the fees for the arbitration.
Did the arbiter award them fees in the first arbitration?  Did they ever seek to confirm the first arbitration award?  What is the status of the appeal?  If the appeal was accepted and is in process the first award should be null and void.
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