Part II of my nightmare with Borack and Associates. As you may recal from my previous post we received a letter in the mail a year after being served by TriCap Investment when they purchsed all of our accounts that we tried to have put through our bankruptcy. The bankruptcy was dismissed and we did not hear anything from the creditors until last year (Feb. 07) that we got served by this TriCap Investment when they purchased all of our accounts. We immediately filed a Motion with intent to defent and requested from the plaintiff all of the originaldocuments, signatures, fees, etc. We had it notarized and took it to the clerk of the court.
We received in March an Intent to Dismiss from the Court because of lack of prosecution. The following week we receive a letter fro Borack and Associates with him Filing a Motion for Default.
We contacted the attorney that frogpatch recommended and he told us that the law firm had not grounds to win the case. We still have 6/16 to appear in court (per the Motion to Dismiss that the court sent us) but today 5/31 we received ANOTHER letter (not sent through the court with a "Showing of Good Cause" asking the court not to dismiss the case because: 1- Defendant was served with lawsuit on 2/24/07 requiring an answer to be filed with the court within 30 days (We did that within 10 days) 2- The defendant failed to answer with the Court as required by law (We did with 10 days) The court has copies of that- that is why they are asking to dismiss, because that not received anything from the plaintif. 3- Plaintiff submited a Default Final Jusgement on 5/1/08, but the court has not received it. - It is not our fault they haven't done things right.
And finally to my question**** What should we do now? Respond to this form they sent us, which they are obviously not sending/filing through to the courthouse, or just show up in court and hope for the best?

If you have an attorney you should let your attorney handle this. They should have served this motion upon your attorney if they were aware that you had an attorney representing you. If they have not been made aware then they need to as well you need to provide them with the Attorney's name and phone number.

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Regards
JCEMT

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I am confused ..what do you mean "your bankruptcy was dismissed"? Do you mean that the bankruptcy was discharged or did you not follow through with the bankruptcy ? What chaper of bankruptcy did you file a 7 that totally wipes out everything or a 13 where it is a 3 to 5 year repayment plan?

If this debt was included in your bankruptcy petition and everything else was included and discharged (depending on what it was either a chapter 7 or 13) this should have also been discharged.

You need to check the list of creditors in your bankruptcy packet to see if they are included in the list of creditors. Because if it was included and discharged to bankruptcy they can't legally go after you unless you filed a chapter 13.

Follow jcmet's advice I would let your attorney handle this if you have one.

If the bankruptcy was truly dismissed,then all bankruptcy protection disappears. Why was it dismissed & what plans are being made as to either paying accounts or refiling the bankruptcy?

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Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.

We filed for Chapter 13 and it was just when the bankruptcy laws changed and making it more difficult for people to file. It was dismissed, because the judge thought that we were making too much money, and that even a payment plan was not a good option to pay the creditors (According to him). We were going to contact the creditors individually to make payment arrangements with them, when a few month later, this company TriCap Investment purchased them all and filed suit. That is when the nightmare began.

FILE FOR CHAP. 7.

How is that supposed to help us? I though that once they dismissed your case, you couldn't re-file.

You can refile.Simply look up the bankruptcy code for information on how to refile.Get yourself a good bk attorney as the laws are complex.

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Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.

Thanks cajun.