I have been fighting legal battles for years, and it is wearing me out. I have saved my home using bankruptcy and the completely wonderful, marvelous automatic stay.

I have an adversary proceeding in bankruptcy court now and I wanted to know what I would have to do to make the CD of the bank's lawyer lying in court evidence when it comes to the adversary proceeding for Damages for Willful Violation of the Automatic Stay... Compensatory damages are mandatory under United States bankruptcy law.

Okay, so here's the part I wanted to tell you... I looked for a forum on bankruptcy where I could ask about the evidence thing, and I found a few in England and one here. So I asked, but the answer I got was amazingly UNhelpful. Basically the main guy said that the automatic stay is not helpful because out of the thousands of violations very few are prosecuted... Ah... so what does no prosecuting have to do with me wanting to prosecute?

Well, in an article I found on the web it said that if there is a violation of the automatic stay and the lawyer for the party who did it isn't sued, the proceeding will fail. Basically you often have to sue the lawyer.

So, I would guess the bankruptcy forum is run by lawyers who are looking for desperate people to hire them for their bankruptcies... and it appears that they aren't awfully interested in extending to people the protections of the automatic stay.

Therefore, if you are in bankruptcy or are thinking about it, be sure to read 11 USC Section 362 with attention to paragraph (k) --

It worked for me in the 90s when my condo was foreclosed and auctioned and I filed bankruptcy before the sale was confirmed. I got my condo back.

In 2005 my condo was foreclosed and auctioned again, but this time without proper notice to me, so I'm hoping to get damages since the bank served their Amended Complaint in violation of the automatic stay.

I haven't been well enough to go to the law library so I look things up on line... if you want to see how the automatic stay results in damages google: automatic stay damages, that will give you some lawyer blogs... if you want to read some appeals court decisions, then add "appeal" to your search terrms.

In my experience a lot of creditors violate the automatic stay...

I just wanted to alert people who might be under major financial pressure...
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Which reminds me:

my mortgage on my condo was $75,000.

(that's the condo that was built over an old outdoor toilet pit and no one disclosed the fact to me...)

Deutsche Bank's leverage ratio is 50.

So that makes my mortgage worth $3,750,000.00 to Deutsche, and I suppose the big money was insured by AIG...

Because they would not let me sell it to pay off the mortgage, nor let me redeem it, not let me reinstate.

It makes me laugh, that I took care of the property for decades and then taxpayers bail out Deutsche for $25,000,000,000.00.

Wells Fargo did a similar thing, so when they say banks don't like foreclosures, I think it's bull... a bull market until the scamming is exposed and the whole thing craters taking down the good people who did nothing wrong.

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Tomorrow is a scheduling conference. I couldn't sleep last night (some, but not a lot and not well) for worrying about how I didn't want to forget about the conference and miss it.

Totally off the wall to feel that way, but... there you have it.

I'm going to ask if I can have a Motion for Summary Judgment that would be heard the same day as the defendant's Motion for Summary Judgment. I've begun assembling my evidence, which is a bit time consuming because there are documents in a lot of other courts.

It was interesting to read defendants motion, it had these horrible accusations in it that were totally untrue... so at the hearing I can show some of the evidence I am getting that disproves the defendants statements.

In New Mexico there's a statute that provides for treble damages to be forfeited to the injured party by a lawyer who uses deceit or collusion... and I'm hoping to do well enough with proving my complaint to get that.

Whew! Well, the Scheduling Conference went fairly well. It took about a half an hour and there's 90 days to do the Interrogatories, Admissions and things. So that will allow me to concentrate on the hearing in my foreclosure which is next month on the 28th.

Apparently "dispositive motions" are generally filed after discovery... but the Defendants have already filed their Motion for Summary Judgment, and I have a similar motion nearly complete. I just have to get certified copies of everything to substantiate my allegations.

Whew!

It was interesting, the Defendants' lawyer (who is himself one of the two defendants) said I had to have an expert medical witness to prove my "mental anguish" -- I said I didn't ever claim mental anguish, but that I probably suffered it. I said that "emotional distress" which I did claim did not show (in the cases I found on the web) that you had to have medical expert witnesses. What I think is that the lawyer is trying to make it harder for me than need be.

But, it reminds me that last time I did this I did have to have a medical witness because I was claiming that the violation of the stay had deprived me of the money I needed to get regular B12 shots and that had impacted my health negatively. (I gave rather gory details.) So, that time is when I called all the neurologists in town and chose one to see who was also experienced in being a medical expert witness.

It was so lucky I did that because he's the one who told me to give myself more B12 shots than one a month, and he told me that when I was under stress I should have more shots, he said they couldn't hurt me, whereas the women medical doctors I'd seen kept telling me that too much B12 was dangerous. They really scared me, and the fear lingered even after I learned that they were entirely wrong.

So, I have had really good outcomes from my cases. I mean, if I hadn't filed my first Adversary Proceeding I wouldn't have known to go to a neurologist and I wouldn't have been taking extra B12 when I needed it... though it was still years before I learned how much "extra" was needed to really make a difference.



I'm pretty hopeful.
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I was just thinking about the scheduling conference this morning. The lawyer guy said something about how I had 59 days to do whatever, he mentioned the days for mailing.

I repeated the 59 number, and the law clerk who was handling the conference corrected the number to 57... That sure makes more sense because it's a 60 day time frame with three days for mailing... Well, actually that doesn't make any sense at all because I thought you got to mail on the last day and then you had three days for whatever to be delivered.

Anyway, it mainly made me think how you just can't trust a lawyer, especially if you're suing him.

I'm kind of keen to do my interrogatories. I'm keen to ask a few questions of Deutsche.

But at the same time I remember the first time I got answers to my interrogatories: this thick, THICK manila envelope was delivered and I was so eager to find out what the answers were...

Ha, each answer was really, really long, but all the answers said something to the effect that due to this or that they weren't going to answer.

It was quite the eye opener for me. lol

I'm amending one of my two adversary proceeding complaints. I will have to do a Motion for Leave to Amend to attach, and then hope that leave is granted.

My main problem was that I couldn't remember why I thought I should amend.

Luckily I had already sent letters asking if the defendants concurred, which of course they didn't. (Anything to be less than helpful.)

One reason I think I should amend now, is that I didn't set out the damages I wanted very clearly. It's really hard to write what I want for damages because it's not one, simple thing, and I get confused when things have multiple parts.

I thought I'd finish amending today, but this morning I called HopeNow and got a really good counselor. If Wells Fargo modified my loan in keeping with the White House's Home Affordable Modification I would just make it in terms of having the money to live and pay my mortgage.

The HopeNow person said, however, that banks weren't generally modifying loans to 31% of income the way the government has said... I said I wanted Wells Fargo to modify my loan the way the government said, after all, Wells Fargo got 25 billion in taxpayer dollars.

So, we'll see.

Oh, I called HopeNow because I got a letter from Wells Fargo that said my modification was denied because I didn't send back the executed modification papers... only they never sent them to me, I never had any papers to execute or send back.

Who else is tired of the corruption and deception?

I'm really fed up with both!