Unwarranted adversary
Posted: Wed Jun 23, 2004 12:41 pm
Has anyone noticed a rise in adversaries for minimal amounts?
I have a Yelsky one for a client that is driving me buggy.
Visa - $4000 total; $2000 in the six months prior to filing; grand total of $400 in the 90 days (with a $45 cash advance and another for, horrors, $40) prior to the BK. She was separated just before filing so her income went down. The complaint cites the current (post-separation) income as some sort of proof of a lack of intent to pay, plus states that since she was always current they relied on that fact to their detriment.
I called and tried to be pleasant and explain and settle and got a snotty offer of $1800 at $50 a month.
Problem is, my boss won't let me do the defense for free. Anyone I send her to is likely to charge $2500. Any chance of gettting sanctions and attorney's fees for a baseless complaint?
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Has anyone noticed a rise in adversaries for minimal amounts?
I have a Yelsky one for a client that is driving me buggy.
Visa - $4000 total; $2000 in the six months prior to filing; grand total of $400 in the 90 days (with a $45 cash advance and another for, horrors, $40) prior to the BK. She was separated just before filing so her income went down. The complaint cites the current (post-separation) income as some sort of proof of a lack of intent to pay, plus states that since she was always current they relied on that fact to their detriment.
I called and tried to be pleasant and explain and settle and got a snotty offer of $1800 at $50 a month.
Problem is, my boss won't let me do the defense for free. Anyone I send her to is likely to charge $2500. Any chance of gettting sanctions and attorney's fees for a baseless complaint?
Do you Yahoo!?
Yahoo! Mail - 50x more storage than other providers!
The post was migrated from Yahoo.