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Bankruptcy / Re: Lien avoided in BK
« Last post by 11181986 on Yesterday at 06:57:30 PM »
Will agree to disagree on that one.  In my experience, BK attorney's have been clueless on that point.
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Arbitration / Re: Arbitration - Being Sued by Zwicker/Synchrony (Amazon) Florida
« Last post by BrokeBob on September 19, 2018 11:09:44 PM »
You are in Florida?

It is my understanding that if you answer the complaint in Florida you will very likely be deemed by the court to have waived your rights to arbitration. 

File an MTC. 
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TCPA / Re: Anyone been called an Abusive filer and made to show cause?
« Last post by CleaningUp on September 19, 2018 08:05:56 PM »
The term you are groping for is "vexatious litigant".

And yes, judges have found that serial filers are in it for the money and have ruled that future suits need the prior permission of the courts for the plaintiff to file.

Depending upon what the court finds with the show-cause order, you could be facing that sort of limitation put on your ability to file.  Unfortunately, it would appear that he already has in his head that you are a vexatious litigant and hes putting the onus on you to prove that you are not...

Tread carefully.  You seem to have lost the benefit of the doubt in the eyes of the court.
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TCPA / Anyone been called an Abusive filer and made to show cause?
« Last post by MyBad on September 19, 2018 06:13:39 PM »

Judge stops Rule 16 conference, says he want to consider allowing suit to go forward, FDCPA and FCRA claim against collection agency.

Issues a show cause order and asks for all kind of information on the past suits, about 16 over the last eight years, give or take. The issue, underlying debt, amount of settlement, etc.

Anyone else have to show cause or been called an abusive filer? 

Takes issue with fact I file in District Court, too, avoiding federal filing fee's. All cases were removed to Federal by the Defendant, like I could control that.
Only one ever saw a ruling, others were all settled.  Which is ironic, as the Defendant's attorney's charge for this, and its they who are upping the anti, as
I'm always willing to discuss and seattle reasonably.

Looking for some applicable case law...

Thanks in advance,



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Arbitration / Arbitration - Being Sued by Zwicker/Synchrony (Amazon) Florida
« Last post by delphipgmr on September 19, 2018 05:20:48 PM »
hi all.  Just got a summons for the above.

Due to unfortunate circumstances, i have been sued by several CC's.   

The good news:
Under florida debtor Protection laws, i am non-collectable in these cases. All of them are against me personally, not joint.

married 20+ years, all our accounts are tenants by entirety.  (I am also not far from retirement where income will be 100% SS)

I have been taken back in to court several times for writs, the've tried to garnish everything, but i just file the exemption claim, show up, submit proof etc..  as a result,  all of the writs have been quickly dissolved.

so i have collected alot of  court orders showing all our assets/income are protected, im not just "thinking" im exempt, its court proven.

Brings me to today, same issue with this one, individual debt, if i let it go, they still wont get anything.

But i wanted to give the arbitration a try, since ive never done one before. and i see some mistakes on the reporting on the credit report.  maybe i can get it dismissed with prejudice.

FYI: the complaint is for "breach of contract" not "Account Stated", so im pretty sure they have to go arbitration if i choose it.


Ive seen different opinions on what to file and i have a couple questions:

1) should i answer the complaint AND file an MTC? or just an MTC for now.
2) Use JAMS or AAA. I know AAA they cant come after fess later on, not sure if thats true with JAMS. (not that it matters)
3) file/pay JAMS/AAA before the answer/motion?

Just looking for a start.

thanks for your help!
--D













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Bankruptcy / Re: Lien avoided in BK
« Last post by despritfreya on September 18, 2018 01:42:04 AM »
A discharge in bankruptcy does not avoid liens, as all liens survive discharge unless specifically avoided under a 522(f) motion.  To get the lien released the BK attorney would have to docket the 522(f) order with the county clerk where the lien is entered. However, this is beyond the scope and knowledge of most BK attorneys.
(Emphasis added)

I beg your pardon.  522(f) motions are extremely routine and it does not take anything special to obtain a certified copy of the Order granting the Motion and recording it.

I believe OP indicated that the title company accepted the court Order avoiding the lien.  If that is the case there is nothing further to be done.  If OP is worried about what happens when he/she tries to sell the property OP just needs to obtain a certified copy of the Order and record it.  Problem solved. 

Des.
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Bankruptcy / Re: Lien avoided in BK
« Last post by 11181986 on September 18, 2018 12:43:29 AM »
An attorney for a creditor is never bound to do anything by any court order unless they are made a party to that order.

A discharge in bankruptcy does not avoid liens, as all liens survive discharge unless specifically avoided under a 522(f) motion.  To get the lien released the BK attorney would have to docket the 522(f) order with the county clerk where the lien is entered.

However, this is beyond the scope and knowledge of most BK attorneys.
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Bankruptcy / Re: Lien avoided in BK
« Last post by CleaningUp on September 17, 2018 07:52:08 PM »
The attorney for the creditor is bound by the orders of the court no matter what the debtor's attorney did or did not do.

And without proper authority a debtor cannot file a release of a lien on his own.  (I would think that the BK discharge order with his name clearly stated would be sufficient, but I have no knowledge of how that would play in the OP's jurisdiction.  She could try it at the local registry of deeds.  But I get the sense that the OP desires a touch of revenge on the bozo.)

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Bankruptcy / Re: Lien avoided in BK
« Last post by 11181986 on September 17, 2018 07:02:30 PM »
It would have been incumbent on your BK attorney to get the lien released.  Not the attorney for the creditor.
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Bankruptcy / Re: Lien avoided in BK
« Last post by IndianaGirl on September 17, 2018 06:32:34 PM »
Awesome, thank you!
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