Topic: Received "notice of case management review"

[AshleyS11]

Was not even aware there was a "case" filed.  Received via regular mail "notice of case management review" from a law firm stating an appt date and time in Superior Court of the State of CA, County of Los Angeles (Civil-limited jurisdiction).

Does anyone know if I missed a step?  Or is this the first thing I would receive when a lawsuit has been filed?

Background:  Had a business credit card from Advanta in name of my corporation (a NY Corporation). Stopped paying apprx. 2 years ago.  Business is going under.  Planning to dissolve corporation.   Moved to CA as boyfriend got a job here.

I am listed as defendent (individual).  I have no money, no assets,no income.  Was planning to file for bankruptcy but have not had any  funds to do that. 

What should I do?  Court date for this case management review is apprx 2 wks away.  What does all this mean?  Any guidance would be greatly appreciated.    Cannot afford an attorney. 

[KFMAN]

I don't beleive FDCPA applies to Business CC.  Does your Contract have a JAMS Arbitration section in it?

You might want to read the Arb section below.

They Have an Attorney - now the FUN starts:
     http://www.debtorboards.com/index.php/topic,7216.msg17.html#msg17

THROWING YOUR CREDITOR OUT OF COURT/

http://www.debtorboards.com/index.php?topic=10197.0


http://www.debtorboards.com/index.php?board=7.0

[KFMAN]

Who owns the ALLEGED debt?


On November 8, 2009, Advanta Corp. and certain of its non-bank subsidiaries filed voluntary petitions for relief under chapter 11 of the U.S. Bankruptcy Code. On January 11, 2010, the Company's Board of Directors authorized these entities to liquidate their assets. On March 19, 2010, the Federal Deposit Insurance Corporation ("FDIC") and the Utah Division of Financial Institutions closed Advanta Bank Corp., a wholly-owned subsidiary of Advanta Corp., and the FDIC was appointed receiver of the bank.

[trick]

Advanta is long gone, filed for bankruptcy in 2009 and was taken over by the FDIC.  If I recall the Advanta contract only allows for lawsuits in the state of Utah.  It was a business card so FDCPA does not apply.

[KFMAN]

If a JDB owns the ALLEGED debt, I would read the JDB section.

Chain of Custody - the JDB's Achilles Heel in Court

http://www.debtorboards.com/index.php?topic=2365.0

[AshleyS11]

Plantiff is listed as:   Advanta Bank Corp., In Receivership
My name alone is listed as defendent.     Probably alleging I personally guaranteed the business credit card.

[KFMAN]

Plantiff is listed as:   Advanta Bank Corp., In Receivership
My name alone is listed as defendent.     Probably alleging I personally guaranteed the business credit card.

What does you credit report state about this matter?

[KFMAN]

Plantiff is listed as:   Advanta Bank Corp., In Receivership
My name alone is listed as defendent.     Probably alleging I personally guaranteed the business credit card.

They don't want to pay their bills but expect you to pay yours.   

[AshleyS11]

TransUnion says:
Loan Type: Business Credit Card
Remark:  Profit and loss write off.
Pay Status: charged off as bad debt

Equifax says:
Account Owner: Individual Account
Status:  Charge-Off

[TomB]

We would like to sue Advanta but we are not able to find a physical address where we can serve them.  We have asked them in letters to their PO box and on the phone to provide that info and they refuse.  Can anyone help?

[KFMAN]

We would like to sue Advanta but we are not able to find a physical address where we can serve them.  We have asked them in letters to their PO box and on the phone to provide that info and they refuse.  Can anyone help?

I would start my own thread.  Also do a search for that company.

[Fighting Irish]

Was your card an individual card, or a card in the name of the corporation?

If the latter, did you sign a personal guarantee for it?

[despritfreya]

We would like to sue Advanta but we are not able to find a physical address where we can serve them.  We have asked them in letters to their PO box and on the phone to provide that info and they refuse.  Can anyone help?

Advanta Corp and most, if not all, of its subsidiaries filed bk back in 2009.  It is operating under a confirmed Chapter 11 Plan. (Case number 09-13931 KJC).  The address on file with the US Bankruptcy Court, District of Delaware is:

Advanta Corp., et al.,
196 West Ashland Street
Office 105
Doylestown, PA 18901
Tax ID / EIN: 23-1462070

Counsel for Advanta is:

Bruce S. Meyer
Weil Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
212-310-8000
Fax : 212-310-8007

Assuming Advanta is licensed to do business in your state, you would serve its statutory agent.  To find out who that is you contact either your Secretary of State or your state’s Corporation Commission.  In addition, if your cause of action is the result of activity that happened prior to November 8, 2009 you probably cannot sue as such claim is most likely part of the Chapter 11.

You should to discuss your rights with a well qualified attny as those rights may be limited due to the Chapter 11 filing.

Best regards.

Des.