simple CC elimination with teeth?

scottinalaska · #1 10-01-2005, 05:55 PM

Is anyone familiar with this strategy to stop debt collectors from proceeding forward with collecting on a judgment (credit card):

Use a Notice of Intent to file chap 13 BK and a B10 form . The object is not TO FILE THE BK BUT IT PUTS THEM (THE DEBT COLLECTOR) ON NOTICE THAT THEY HAVE TO PROVE up on their claim. If they sign the B10 form and send it back (chances are they won't) then send them another form(what form would that be?) to fill out showing proof of loss. Once they don't reply (20 days) they have to drop their so-called claim against debtor and you never really had to file BK to get them to do so.

thoughts?
scottinalaska

btw, here is the good "looting in N.O." link that will work!
http://img132.imageshack.us/my.php?i...orleans8xe.jpg

seeker · #2 10-01-2005, 07:00 PM

What Winston Shrout discusses on his DVDs -- He talks about a discussion with an insurance adjuster, who says that without a proof of loss, an insurance company does nothing. Just saying you had a loss doesn't cut it, and neither does it with a 'creditor" I would think you may be able to go to an insurance agent or a website for same and pull down a 'proof of loss' statement' -- as I recall, they are signed under penalty of perjury -- would be interesting to have the Debt collector bring in the proof of their loss, huh? I believe this means their books recording an asset/liability thing --and the contract orginating it; which of course, they won't have.

I know with insurance companies you have to provide a bill of sale, and a bonafide replacement cost -- no horsin' around. And they have the option to replace, repair, declare a loss or reject the claim. Hmmm ...

Seeker

Judge Roy Bean · #3 10-03-2005, 08:10 AM

Quote:

Originally Posted by scottinalaska

Is anyone familiar with this strategy to stop debt collectors from proceeding forward with collecting on a judgment (credit card):

Use a Notice of Intent to file chap 13 BK and a B10 form . The object is not TO FILE THE BK BUT IT PUTS THEM (THE DEBT COLLECTOR) ON NOTICE THAT THEY HAVE TO PROVE up on their claim.

The only thing they will respond to is the notice that actually comes from the BK Court with a case number on it. That triggers them to send in the Proof of Claim form (B10) directly back to the Court.

FYI - a lot of these are processed electronically.

scottinalaska · #4 10-03-2005, 01:40 PM

How disappointing. But if I AM the court, as Weis and others have suggested, maybe they'll respond to that.

I do see though without a docket number, they likely don't feel they need to give you the time of day, let alone a proof of loss. Although, it wouldn't hurt to try. I'll let you know what I find out when I try it.
scottinalaska

seeker · #5 10-03-2005, 09:18 PM

I am a little confused by this whole notice of intent to file stuff, perhaps someone can clarify?

If I notice of an intent to file, to whom do I notice?
And if I file a 13, (reorganization) am I not the designated trustee until someone proves I am screwing up? Can I not require "alleged creditors" to reply with the B-10 to ME, in my offiicial trustee capacity?
If not, WHY? And how could I assert myself to do so?
And how do I respond (in the off chance they do respond with a "under penalty of perjury" B-10) to have the,m provide a certifed, bonafide proof of loss?

Seems I should have the right to know if ANYONE has a true, complete, correct and verifiable claim. If not, why not?

I am increasingly alarmed by the "legal industy' and their cavalier attitude regarding "verification" and "proof" -- with all of the indentity theft that is going absolutely WILD -- why would this not be a paramount issue? This make NO sense!

And we don't even have to go to the "debt collector" industry bullsh*t in regards to the Privacy Act/Graham-Leach etc -- intimidation, misinformation,misdirection and the lot.

Nver thought I'd see the day, BUT I am GLAD that the attorneys that were milking the masses through bankrupcy filings, are now force to rethink their income source and looking long and hard at the source ... debt buyers. I'd gladly give-up at LEAST a third to have them at each other's throats to hold accountable these bottom-scavaging, fear-monger types!

As always, this is JUST, My Humble Opinion!

Seeker, ALWAYS seeking THE TRUTH

scottinalaska · #6 10-03-2005, 09:34 PM

Thinking outside the box again, huh, Seeker?

I believe I CAN be my own trustee. Unless shown incompetent, why not?
JRB states that unless it has a case number, they don't care. Now, how do I get a case number? Does this mean I actually GO to court?
I filed BK 9 years ago. I went to this courtroom where the judge said, "Does anyone here have a valid debt...?" or something like that. My lawyer said no one ever shows up, so not to worry. No one stood, no papers were apparently filed, and I was done. Got a black mark on my record, but didn't have to sell my kids for medical bills on CC's either.
Maybe this is exactly what we're doing when we ask for verification of debt. It's just when a judge does it, they don't hound you anymore, I guess. Is it the form B10 that helps?
We're getting there, I know it!
s

#7 10-03-2005, 09:38 PM

Bankruptcy is NOT the way to go, if you are looking to remove yourself from the system.

Libel of Review is the closest thing to a silver bullet that I have used or seen.

Henry Franklin

seeker · #8 10-03-2005, 09:47 PM

HB;

You're not quite getting the jist of this -- you file an INTENT to FILE -- that was my question -- to whom and how.

you are not filing the actual BK, just an intent to file and a request for B-10s. As scott related, you go through the process of BK only to find that no one validates?

Really makes sense if you think about it.
Prove up or shut up -- (is that our anthem?) LOL!

Seeker