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-   The Fashionable (http://www.lawtalkers.com/forums/forumdisplay.php?f=14)
-   -   Drive fast, live hard, no regrets... Sorry Penske (http://www.lawtalkers.com/forums/showthread.php?t=701)

J. Fred Muggs 08-10-2005 03:48 PM
Question
 
Quote:
Originally posted by bold_n_brazen
That's beyond offensive, you fucking asshole.
You people who can't keep a man sure are touchy.

Penske_Account 08-10-2005 03:48 PM
Question
 
Quote:
Originally posted by bold_n_brazen
I don't think that's right, Seb. The bank wasn't a party to the divorce. It doesn't care. All it knows is that casey guaranteed the loan, and it wouldn't have made it without that guarantee. And now, the bank wants casey's money.
who is casey?

notcasesensitive 08-10-2005 03:48 PM
Question
 
Quote:
Originally posted by sebastian_dangerfield
You gotta look to the guarantee and divorce doc to see which trumps. There's probably law on this, but if they were negotiated in different states, that raises a conflict osf laws question.

Just see a loan workout lawyer. He'll read the docs and unscrew it in a few weeks. This shit probably happens all the time.
What if I don't have a copy of the loan documents? How do I go about getting those? Ask Loss Recovery for them?

Hank Chinaski 08-10-2005 03:49 PM
Question
 
Quote:
Originally posted by sebastian_dangerfield
But if they smack your credit without basis, they are open to a lawsuit. In a past life, I sued banks for doing exactly what you suggest they're doing in the corp context. The bank would say "Fuck you... we didn't know. We relied on the guarantee." Then we'd litigate over whether they did proper due diligence to find out.
Find out what? she made a guarentee. that he turned out to be unworthy of the guarentee is the very possibility that caused the bank to ask for the guarentee.

robustpuppy 08-10-2005 03:49 PM
Question
 
Quote:
Originally posted by notcasesensitive
Thanks, balt. I'll definitely look into the credit report stuff. I have 2 weeks before I need to talk to the bank person again.
In relation to your conversations with the bank, put everything in writing and cite to the Fair Credit Reporting Act, willy-nilly. You may even find something helpful in here where the citation would not be willy-nilly but actually all legal-analysis-like.

http://www.ftc.gov/os/statutes/fcra.htm

I also suggest you write yourself a file memo about your conversations with the bank up to this point.

Hank Chinaski 08-10-2005 03:50 PM
Question
 
Quote:
Originally posted by Pretty Little Flower
This is the worst, namby pamby legal advice I have ever read.

"Well, you have to read the documents to see what they say about whether one is superseded by the other or some such thing. I imagine there is law relating to this, and research may be helpful in revealing said law. Note that, if you sue him and he lives in a different state, there may be issues of diversity jurisdiction leading to possible removal. There are federal statutes that govern removal. This is not an uncommon situation and consultation with a lawyer may be able to provide you with some form of relief, although I must refer you again to my earlier statements concerning the language of the relevant documents and the possible existence of adverse controlling precedent."
You don't think he should mention possible SOL issues?

robustpuppy 08-10-2005 03:51 PM
Question
 
Quote:
Originally posted by Pretty Little Flower
This is the worst, namby pamby legal advice I have ever read.

"Well, you have to read the documents to see what they say about whether one is superseded by the other or some such thing. I imagine there is law relating to this, and research may be helpful in revealing said law. Note that, if you sue him and he lives in a different state, there may be issues of diversity jurisdiction leading to possible removal. There are federal statutes that govern removal. This is not an uncommon situation and consultation with a lawyer may be able to provide you with some form of relief, although I must refer you again to my earlier statements concerning the language of the relevant documents and the possible existence of adverse controlling precedent."
This sounds a bit like one of my answers on the bar exam where I had no fucking clue, knew nobody else had a fucking clue, and gave myself 5 minutes to respond.

Penske_Account 08-10-2005 03:53 PM
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Quote:
Originally posted by bold_n_brazen
That's beyond offensive, you fucking asshole.
On the PB, Ty would delete such a post. FWIW.

notcasesensitive 08-10-2005 03:53 PM
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Quote:
Originally posted by Hank Chinaski
Gallant responds to a wry observation by asking whether it might have been meant tongue in cheek, then responds after some thought.......



Goofus responds quickly with base emotion and whiffs yet agian.....
I never in a million years thought I would get to play Gallant in one of these examples. Thanks, hank!

paigowprincess 08-10-2005 03:54 PM
Drive fast, live hard, no regrets... Sorry Penske
 
Quote:
Originally posted by sebastian_dangerfield
Where was this Jerry tribute?
To commemmorate the ten year anniversary of Jerry's passing, they opened with "He's Gone". I couldnt believe my ears. Oh, and they also did a pretty amazing cover of Do Right Woman (or whatever the name of that Aretha song is). I think they may be the Most Amazng Live Act Ever. Way better live than studio and that is saying someting given how amazing the studio stuff is. They encored with a Stevie Ray tune the other night. Almost a religoius experience.

Shape Shifter 08-10-2005 03:55 PM
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Quote:
Originally posted by Penske_Account
On the PB, Ty would delete such a post. FWIW.
Only if it was a picture.

Penske_Account 08-10-2005 03:55 PM
Question
 
Quote:
Originally posted by notcasesensitive
Thanks, balt. I'll definitely look into the credit report stuff. I have 2 weeks before I need to talk to the bank person again.
Two weeks is lots of time to get all your assets offshore. Mr. Man comes from the Isle of Man, no? He must know somebody who can assist.

Pretty Little Flower 08-10-2005 03:58 PM
Question
 
Quote:
Originally posted by Hank Chinaski
You don't think he should mention possible SOL issues?
Someone already brought it up. But, I probably should have spotted the marital privilege issue and noted that whether ncs could be forced to testify against the deadbeat depends on the extent to which the privilege continues post-dissolution. Fuck, I always think of these things when it is too late.

Did you just call me Coltrane? 08-10-2005 03:59 PM
Question
 
Quote:
Originally posted by robustpuppy
where I had no fucking clue, knew nobody else had a fucking clue, and gave myself 5 minutes to respond.
This sounds like my first gang bang.

Hank Chinaski 08-10-2005 04:01 PM
Question
 
Quote:
Originally posted by Pretty Little Flower
Someone already brought it up. But, I probably should have spotted the marital privilege issue and noted that whether ncs could be forced to testify against the deadbeat depends on the extent to which the privilege continues post-dissolution. Fuck, I always think of these things when it is too late.
Oh, I know its a long shot but we don't really know how old she was when she signed. ncs if you wereunder 18 at the time you'll have another potential defense. I'm always forgetting these warning type things. I need to be less sloppy, or at least that is what by Malpractice carrier keeps saying:D :D


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