Bankruptcy

Word to the wise about LAM STIPULATIONS..... __CDCBAA__ X Reply | R Grace Rodriguez to cdcbaa show details 8:39 AM (0 minutes ago) Dear Friends: Okay I really goofed and now I have to go back to court and clean up the mess. But let me share an experience I had with Virtual Bank so that the rest of you don't make my mistake. I filed a Lien Avoidance Motion before Judge Ahart. Two weeks before the hearing, the lender contact me to do a Stipulation. I said sure send it over and let me look at it. They sent it over and it looked pretty standard and I had intended to sign it. Things got busy.. . . 3 days before the hearing, Virtual Bank calls. I apologize that I hadn't gotten to it yet but I would do it in that moment. I open up the document and it doesn't look right to me. Something is wrong with this Stipulation and I just couldn't put my finger on it. But I called Virtual Bank and told them that the Tentative ruling had already come out and that I wasn't going to sign the stipulation. They said they would come to the hearing to oppose the motion. We ended the call. At the hearing, my appearance counsel shows up. The matter is called, she sits back to see if there is any opposition. BUT NO ONE SHOWED UP TO OPPOSE. The court granted the motion. Apparently appearance counsel shows up sometime later and I absolutely don't have any idea how it is that the appearance counsel was able to do this, but he had the motion recalled, the case was continued so a stipulation could be filed. I'm assuming that appearance counsel made some representations about the Stipulation to cause this to happen. However, I can't imagine what representations other than perhaps that I was amenable to a Stipulation, which was false. In any case the hearing was continued. I imagine the principal fed the appearance counsel untruths. Appearance counsel called my office, and my trusted assistant said appearance counsel made an actual threat against me and my practice if I don't call him to fix the stipulation. Now out of respect (a respect which is now lost) I talked to appearance counsel about the stipulation, and how it was pretty standard not to worry, and to facilitate matters, I finally agreed to stupidly sign the stipulation. It got filed. THREE MONTHS LATER....... Now the client is getting letters from the lender that the Stipulation says nothing about them trying to collect money on the loan even though the lien was avoided. DOH!!!! Now I will have to go back to court and bring the motion again to clarify this point. I spoke with the lender. and they say they are even going to sue the clients in violation of the terms of the Chapter 13 Plan to try to get money back. So if any of you have some ideas for me how to rectify this so Virtual Bank will leave the client alone. SO LESSON TO ALL: Read your stipulations carefully to make sure they include this valuable term. I ALSO: YOU WILL PAY FOR YOUR LACK OF EXPERIENCE..... but maybe my experience can lessen the burden for some of you newer attorneys. Have fun out there y'all. -- R. Grace Rodriguez, Esq. OFF: (818) 734-7223 CEL: (818) 554-9922 NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours. CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Reply Forward Your message has been sent. Reply | R Grace Rodriguez to Peggi show details 8:39 AM (0 minutes ago) - Show quoted text - ---------- Forwarded message ---------- From: R Grace Rodriguez Date: Wed, Mar 9, 2011 at 8:39 AM Subject: Word to the wise about LAM STIPULATIONS..... To: cdcbaa@yahoogroups.com Dear Friends: Okay I really goofed and now I have to go back to court and clean up the mess. But let me share an experience I had with Virtual Bank so that the rest of you don't make my mistake. I filed a Lien Avoidance Motion before Judge Ahart. Two weeks before the hearing, the lender contact me to do a Stipulation. I said sure send it over and let me look at it. They sent it over and it looked pretty standard and I had intended to sign it. Things got busy.. . . 3 days before the hearing, Virtual Bank calls. I apologize that I hadn't gotten to it yet but I would do it in that moment. I open up the document and it doesn't look right to me. Something is wrong with this Stipulation and I just couldn't put my finger on it. But I called Virtual Bank and told them that the Tentative ruling had already come out and that I wasn't going to sign the stipulation. They said they would come to the hearing to oppose the motion. We ended the call. At the hearing, my appearance counsel shows up. The matter is called, she sits back to see if there is any opposition. BUT NO ONE SHOWED UP TO OPPOSE. The court granted the motion. Apparently appearance counsel shows up sometime later and I absolutely don't have any idea how it is that the appearance counsel was able to do this, but he had the motion recalled, the case was continued so a stipulation could be filed. I'm assuming that appearance counsel made some representations about the Stipulation to cause this to happen. However, I can't imagine what representations other than perhaps that I was amenable to a Stipulation, which was false. In any case the hearing was continued. I imagine the principal fed the appearance counsel untruths. Appearance counsel called my office, and my trusted assistant said appearance counsel made an actual threat against me and my practice if I don't call him to fix the stipulation. Now out of respect (a respect which is now lost) I talked to appearance counsel about the stipulation, and how it was pretty standard not to worry, and to facilitate matters, I finally agreed to stupidly sign the stipulation. It got filed. THREE MONTHS LATER....... Now the client is getting letters from the lender that the Stipulation says nothing about them trying to collect money on the loan even though the lien was avoided. DOH!!!! Now I will have to go back to court and bring the motion again to clarify this point. I spoke with the lender. and they say they are even going to sue the clients in violation of the terms of the Chapter 13 Plan to try to get money back. So if any of you have some ideas for me how to rectify this so Virtual Bank will leave the client alone. SO LESSON TO ALL: Read your stipulations carefully to make sure they include this valuable term. I ALSO: YOU WILL PAY FOR YOUR LACK OF EXPERIENCE..... but maybe my experience can lessen the burden for some of you newer attorneys. Have fun out there y'all. -- R. Grace Rodriguez, Esq. OFF: (818) 734-7223 CEL: (818) 554-9922 NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours. CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. -- R. Grace Rodriguez, Esq. OFF: (818) 734-7223 CEL: (818) 554-9922 NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours. CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Reply Forward We collect your judgment - Experienced judgment collectors Ad $0 upfront, free consultation! www.Enforcementsetc.com

By R. Grace Rodriguez, Esq.

Dear Friends: Okay I really goofed and now I have to go back to court and clean up the mess.  But let me share an experience I had with Virtual Bank so that the rest of you don't make my mistake. I filed a Lien Avoidance Motion before Judge Ahart.  Two weeks before the hearing, the lender contact me to do a Stipulation.  I said sure send it over and let me look at it.  They sent it over and it looked pretty standard and I had intended to sign it.  Things got busy.. . . 3 days before the hearing, Virtual Bank calls.  I apologize that I hadn't gotten to it yet but I would do it in that moment. I open up the document and it doesn't look right to me.  Something is wrong with this Stipulation and I just couldn't put my finger on it.  But I called Virtual Bank and told them that the Tentative ruling had already come out and that I wasn't going to sign the stipulation. They said they would come to the hearing to oppose the motion.  We ended the call. At the hearing, my appearance counsel shows up.  The matter is called, she sits back to see if there is any opposition.  BUT NO ONE SHOWED UP TO OPPOSE.  The court granted the motion.  Apparently appearance counsel shows up sometime later and I absolutely don't have any idea how it is that the appearance counsel was able to do this, but he had the motion recalled, the case was continued so a stipulation could be filed.  I'm assuming that appearance counsel made some representations about the Stipulation to cause this to happen.  However, I can't imagine what representations other than perhaps that I was amenable to a Stipulation, which was false. In any case the hearing was continued.  I imagine the principal fed the appearance counsel untruths.  Appearance counsel called my office, and my trusted assistant said appearance counsel made an actual threat against me and my practice if I don't call him to fix the stipulation.  Now out of respect (a respect which is now lost) I talked to appearance counsel about the stipulation, and how it was pretty standard not to worry, and to facilitate matters, I finally agreed to stupidly sign the stipulation.  It got filed. THREE MONTHS LATER....... Now the client is getting letters from the lender that the Stipulation says nothing about them trying to collect money on the loan even though the lien was avoided.  DOH!!!!  Now I will have to go back to court and bring the motion again to clarify this point. I spoke with the lender. and they say they are even going to sue the clients in violation of the terms of the Chapter 13 Plan to try to get money back.  So if any of you have some ideas for me how to rectify this so Virtual Bank will leave the client alone.  SO LESSON TO ALL:  Read your stipulations carefully to make sure they include this valuable term.  I ALSO:  YOU WILL PAY FOR YOUR LACK OF EXPERIENCE..... but maybe my experience can lessen the burden for some of you newer attorneys. Have fun out there y'all. -- R. Grace Rodriguez, Esq. OFF: (818) 734-7223 CEL: (818) 554-9922 NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL:  I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours. CONFIDENTIALITY STATEMENT:   This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Reply Forward Your message has been sent. Reply | R Grace Rodriguez  to Peggi show details 8:39 AM (0 minutes ago) - Show quoted text - ---------- Forwarded message ---------- From: R Grace Rodriguez <rgracelaw@gmail.com> Date: Wed, Mar 9, 2011 at 8:39 AM Subject: Word to the wise about LAM STIPULATIONS..... To: cdcbaa@yahoogroups.com Dear Friends: Okay I really goofed and now I have to go back to court and clean up the mess.  But let me share an experience I had with Virtual Bank so that the rest of you don't make my mistake. I filed a Lien Avoidance Motion before Judge Ahart.  Two weeks before the hearing, the lender contact me to do a Stipulation.  I said sure send it over and let me look at it.  They sent it over and it looked pretty standard and I had intended to sign it.  Things got busy.. . . 3 days before the hearing, Virtual Bank calls.  I apologize that I hadn't gotten to it yet but I would do it in that moment. I open up the document and it doesn't look right to me.  Something is wrong with this Stipulation and I just couldn't put my finger on it.  But I called Virtual Bank and told them that the Tentative ruling had already come out and that I wasn't going to sign the stipulation. They said they would come to the hearing to oppose the motion.  We ended the call. At the hearing, my appearance counsel shows up.  The matter is called, she sits back to see if there is any opposition.  BUT NO ONE SHOWED UP TO OPPOSE.  The court granted the motion.  Apparently appearance counsel shows up sometime later and I absolutely don't have any idea how it is that the appearance counsel was able to do this, but he had the motion recalled, the case was continued so a stipulation could be filed.  I'm assuming that appearance counsel made some representations about the Stipulation to cause this to happen.  However, I can't imagine what representations other than perhaps that I was amenable to a Stipulation, which was false. In any case the hearing was continued.  I imagine the principal fed the appearance counsel untruths.  Appearance counsel called my office, and my trusted assistant said appearance counsel made an actual threat against me and my practice if I don't call him to fix the stipulation.  Now out of respect (a respect which is now lost) I talked to appearance counsel about the stipulation, and how it was pretty standard not to worry, and to facilitate matters, I finally agreed to stupidly sign the stipulation.  It got filed. THREE MONTHS LATER....... Now the client is getting letters from the lender that the Stipulation says nothing about them trying to collect money on the loan even though the lien was avoided.  DOH!!!!  Now I will have to go back to court and bring the motion again to clarify this point. I spoke with the lender. and they say they are even going to sue the clients in violation of the terms of the Chapter 13 Plan to try to get money back.  So if any of you have some ideas for me how to rectify this so Virtual Bank will leave the client alone.  SO LESSON TO ALL:  Read your stipulations carefully to make sure they include this valuable term.  I ALSO:  YOU WILL PAY FOR YOUR LACK OF EXPERIENCE..... but maybe my experience can lessen the burden for some of you newer attorneys. Have fun out there y'all. -- R. Grace Rodriguez, Esq. OFF: (818) 734-7223 CEL: (818) 554-9922 NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL:  I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours. CONFIDENTIALITY STATEMENT:   This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. -- R. Grace Rodriguez, Esq. OFF: (818) 734-7223 CEL: (818) 554-9922 NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL:  I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours. CONFIDENTIALITY STATEMENT:   This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Reply Forward We collect your judgment - Experienced judgment collectors Ad $0 upfront, free consultation! www.Enforcementsetc.com

Full post as published by The Law of Second Chances on March 09, 2011 (boomark / email).