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

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"Well, you have to read the documents to see what they say about whether one is superseded by the other or some such thing.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"Well, you have to read the documents to see what they say about whether one is superseded by the other or some such thing.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
Question
 
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
Question
 
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
Question
 
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

Nut Case, Sensitive 08-10-2005 04:02 PM
Question
 
Quote:
Originally posted by notcasesensitive
Here is a not so fun question for the Board:

What should a person do if she guaranteed a student loan for her now-ex-husband (less than a year before the divorce, no less) and she finds out today that he has turned deadbeat and is not paying it? The loan is in loss recovery and the person at the bank that I spoke with said that my options are:

1. pay the entire amount now due and they will take it completely off of my credit history (but not the deadbeat's) and then proceed against him

2. settle with them for some lesser amount and it will remain on my credit as a settled debt, and then go after him

3. try to find him and get him to pay up

I spoke with deadbeat's mom, who says he is "between jobs" and gave me his cell number. He (surprise!) didn't answer his cell. I don't think that even if they were inclined to help me (which they might be if convinced by me), his parents could afford to pay it off. I can afford to pay it off if I need to. And it seems to me that I have to do option 1. Anyone care to convince me otherwise? I'll certainly miss that $21k from my savings.

People suck.
I have squirreled away some nuts for a rainy day. Let me know if you need them, and me and my nuts will be right over.

Or, if you prefer, I can sneak in to his place through that hole by the gutter and nibble his nuts until he pays.

Nut Case, Sensitive 08-10-2005 04:04 PM
Question
 
Quote:
Originally posted by Penske_Account
who is casey?
As in nut casey. I signed nothing, and I am under 18. (Yeh, when was the last time you met an 18 year old squirrel?)

Tyrone Slothrop 08-10-2005 04:05 PM
Question
 
Quote:
Originally posted by Penske_Account
On the PB, Ty would delete such a post. FWIW.
Only if it contained something not safe for work, like the pictures of corpses you posted back in the day, or a description of Hank's mother.

eta: stp

Pretty Little Flower 08-10-2005 04:05 PM
Question
 
Quote:
Originally posted by Did you just call me Coltrane?
This sounds like my first gang bang.
You're in a gang? No wonder you know about all these strong arm tactics. Let me guess. Crips, right? Do you guys really do that thing where you drive around at night with your lights off and then shoot the first passing driver who blinks his lights at you to signal that your lights are off?

Not Bob 08-10-2005 04:08 PM
FB Loving
 
FB Loving (probably the 297th and weakest version of this, but what the hey)

BaltAssoc: FB loving, had me a blast
RT: FB loving, happened so fast
B: Made RT go crazy for me
R: Sex is spelled B-A-L-T
Both: Posting days, typing away. But oh oh the FB nights

FB dudes: Tell me more, tell me more
Gatti: Is her vibrator gold?
FB chicks: Tell me more, tell me more
Fringey: Is he really "cuckold"?

B: We played Doctor, I got a cramp
R: He talked dirty, got me all damp
B: I ripped her corset, she simply laughed
R: Sex in the Starbucks wasn't decaf
Both: The day was fun, lots of boinks in the sun, but oh oh the FB nights

FB chicks: Tell me more, tell me more
RP: Will you call him "schmoopie"?
FB dudes: Tell me more, tell me more
Thurgreed: This shit makes me woozy!

R: Thanks to Thurgreed, that's where it ends
B: So I told her I'll send PMs
R: No more posts, or he'll have a big cow
B: Hope that explains it all to Paigow
Both: FB dreams ripped at the seams, but . . .
Oh!
those FB nights

FB: tell me more, tell me more!

spookyfish 08-10-2005 04:09 PM
And to think that I saw it on Mulberry Street.
 
Quote:
Originally posted by Not Bob
2. While driving down a suburban street in a neighborhood Not My Own, I saw a boy (about 8 or 9) running around in a front yard, shirtless, wearing a pair of what appeared to be Zubaz pants (blue and white, if it matters). He had one of those big batons used by drum majors of marching bands, and looked to be practicing his rountine. It just looked really odd to me for some reason -- I mean, Zubaz pants on a kid? Twirling a drum major baton? What kind of weird shit is that?
Is David Lynch filming a new movie? Was the kid speaking esperanto?

robustpuppy 08-10-2005 04:10 PM
Not Confidential To Less
 
Quote:
Originally posted by paigowprincess
An olive branch if you will. But once again, I am reminded that the level of childish, vicious spite for hurt feelings past on this board by certain posters knows no bounds.
Only 4800 posts until we get our new board motto.

Shape Shifter 08-10-2005 04:12 PM
FB Loving
 
Quote:
Originally posted by Not Bob
FB Loving (probably the 297th and weakest version of this, but what the hey)
If that was the weakest, you'll have to direct me to the others. That was very funny.

And so is Savage Love this week. An update on the guy who was fucked to death by a horse:

"The dead man videotaped the fatal encounter, a tape the police seized, reviewed, and apparently leaked, as the videotape is now on the Web. Of all the troubling aspects of this incident, it's the existence of this videotape that has me scratching my head. One would think that getting fucked in the ass by a horse would be an experience so memorable that you wouldn't need a videotape to recall it. ("Hey, remember that time you got fucked by a horse?" "No, I can't say that I do. Hand me that box of Depends, would you?") But the man made a video, and now it's out there for all to see, which is a tragedy for the dead man, his family, and the killer horse. (Don't write in and ask me for the link—unlike Bob Novak, there are some things I won't put in my column.)"

http://avclub.com/content/savagelove

Shape Shifter 08-10-2005 04:12 PM
Not Confidential To Less
 
Quote:
Originally posted by robustpuppy
Only 4800 posts until we get our new board motto.
Anyone working late tonight?

sebastian_dangerfield 08-10-2005 04:14 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.
Thats why the docs matter so much. The bank will say Casey must pay and she can get her indemnification from Ex. However, if the divorce docs say that Casey is free and clear of any debts of ex incurred at any point, including guarantees, you've got an argument.

Guarantee probably says it continues thru bankruptcy, divorce, etc... But thats why you need to read the docs and local rules. Banks routinely fuck up guarantees and confession clauses. If the confession clause in the loan is defective or the manner in which it was executed defective, and she has a divorce decree that says all obligations in favor of Ex are severed, the lender has an issue.

These things always come down to equity unless the guarantee and confession clause are airtight. I've only seen that twice.

Tyrone Slothrop 08-10-2005 04:15 PM
Not Confidential To Less
 
Quote:
Originally posted by robustpuppy
Only 4800 posts until we get our new board motto.
Please don't make those socks come back.

Penske_Account 08-10-2005 04:16 PM
Question
 
Quote:
Originally posted by Tyrone Slothrop
Only if it contained something not safe for work, like the pictures of corpses you posted back in the day, or a description of Hank's mother.

eta: stp
This type of reversionist history is not unlike what the leaders of the former Soviet Republic would do with to do pictures of subsequently purged leaders with the beta version of photoshoppe.

paigowprincess 08-10-2005 04:17 PM
Drive fast, live hard, no regrets... Sorry Penske
 
Quote:
Originally posted by baltassoc
Did the thought that you are likely attempt to spend a significant amount of a weekend with RT and me in about a month ever cross your mind when you posted this? Did you perhaps think that RT would suddenly say to herself "Ohmygod Paigow's right, ba is an ass. Posting on the DC Board when he lived in Baltimore. The horror. The horror. I guess I'll spend ACL hanging with Paigow."?

You remember me from the Infirm board? Could you be more clueless? I'm a fucking mod here (ironically, and to your great pleasure, I'm sure, on the Mid-Atlantic board)(ETA: I point this out not to imply that mods are somehow more important than active posters, but rather to note that I can not be Ignored [but obviously I have been ignored - kind of blowing the whole "Ignoring admins/Mods" debate right out of the water].).

Look, as I tried repeatedly on the Infirm DC board, I'm willing to let bygones be bygones. But you make that very difficult sometimes.
What bygones? The only memory I have of you is what I posted. I have no idea what youa re talking about Did we have a fight or something? I have no idea whats happening with you and RT . I really am out of the loop on tis one. But you definitely seem grumpy all right.

I am sorry if you havent left much of an impression on me. You dont have a huge post count and you probalby dont post here much. The only people I am aware of as mods are Ty and the three here. Sorry.

paigowprincess 08-10-2005 04:20 PM
Drive fast, live hard, no regrets... Sorry Penske
 
Quote:
Originally posted by baltassoc
I don't remember that at all, except the martini glass hair thing, which I do think I copped to.
OK, NOW you have made an impressoin on me> I hear its hot down there in Austin

sebastian_dangerfield 08-10-2005 04:20 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."
Actually, its kinda like this... Pennsylvania has favorable workout laws. New York does not. So the first battle in many cases here involving NY lenders is where the case shall be litigated and whose law controls. It sounds law schoolish, but it happens.

Shape Shifter 08-10-2005 04:22 PM
Drive fast, live hard, no regrets... Sorry Penske
 
Quote:
Originally posted by paigowprincess
OK, NOW you have made an impressoin on me> I hear its hot down there in Austin
I'm going to be out of town. Sorry.

greatwhitenorthchick 08-10-2005 04:24 PM
Drive fast, live hard, no regrets... Sorry Penske
 
Quote:
Originally posted by Shape Shifter
I'm going to be out of town. Sorry.
Where are you going to be?

Shape Shifter 08-10-2005 04:27 PM
Drive fast, live hard, no regrets... Sorry Penske
 
Quote:
Originally posted by greatwhitenorthchick
Where are you going to be?
France?

Penske_Account 08-10-2005 04:27 PM
Drive fast, live hard, no regrets... Sorry Penske
 
Quote:
Originally posted by Shape Shifter
I'm going to be out of town. Sorry.
that's okay, more for the rest of us.

Pretty Little Flower 08-10-2005 04:30 PM
Question
 
Quote:
Originally posted by sebastian_dangerfield
Actually, its kinda like this... Pennsylvania has favorable workout laws. New York does not. So the first battle in many cases here involving NY lenders is where the case shall be litigated and whose law controls. It sounds law schoolish, but it happens.
I apologize if you thought that my post was intended to elicit further explanation of the conflict of laws issues referenced in your prior post. I assure you, it was not.

Penske_Account 08-10-2005 04:30 PM
Drive fast, live hard, no regrets... Sorry Penske
 
Quote:
Originally posted by Shape Shifter
France?
Lucky Pierre. Who's the third?

spookyfish 08-10-2005 04:30 PM
Drive fast, live hard, no regrets... Sorry Penske
 
Quote:
Originally posted by baltassoc
Did the thought that you are likely attempt to spend a significant amount of a weekend with RT and me in about a month ever cross your mind when you posted this? Did you perhaps think that RT would suddenly say to herself "Ohmygod Paigow's right, ba is an ass. Posting on the DC Board when he lived in Baltimore. The horror. The horror. I guess I'll spend ACL hanging with Paigow."?

You remember me from the Infirm board? Could you be more clueless? I'm a fucking mod here (ironically, and to your great pleasure, I'm sure, on the Mid-Atlantic board)(ETA: I point this out not to imply that mods are somehow more important than active posters, but rather to note that I can not be Ignored [but obviously I have been ignored - kind of blowing the whole "Ignoring admins/Mods" debate right out of the water].).

Look, as I tried repeatedly on the Infirm DC board, I'm willing to let bygones be bygones. But you make that very difficult sometimes

Quote:
Originally posted by paigowprincess
What bygones? The only memory I have of you is what I posted. I have no idea what youa re talking about Did we have a fight or something? I have no idea whats happening with you and RT . I really am out of the loop on tis one. But you definitely seem grumpy all right.

I am sorry if you havent left much of an impression on me. You dont have a huge post count and you probalby dont post here much. The only people I am aware of as mods are Ty and the three here. Sorry.
This is even worse than the schmoopie crap.

paigowprincess 08-10-2005 04:32 PM
cryptical
 
Sorry, the amazing band that did the jerry tribute is the Black Crowes. I thought I had made an impression.

Penske_Account 08-10-2005 04:32 PM
Drive fast, live hard, no regrets... Sorry Penske
 
Quote:
Originally posted by paigowprincess
The only people I am aware of as mods are Ty and the three here. Sorry.
Huh!?!?

Mmmm, Burger (C.J.) 08-10-2005 04:34 PM
Question
 
Quote:
Originally posted by notcasesensitive
I'd be more like, "yo, bitch, that debt ain't mine! talk to the proverbial hand!"
That's nice and all, when the computer generating the yes/no answer based on your credit history spits out a big ol' "denied."

based on the posts here, though, i'd hire sebby in a heartbeat to help work it out, though. sounds like he's got some mad deadbeat-saving skillz.

sebastian_dangerfield 08-10-2005 04:35 PM
Question
 
Quote:
Originally posted by Pretty Little Flower
I apologize if you thought that my post was intended to elicit further explanation of the conflict of laws issues referenced in your prior post. I assure you, it was not.
As you well know, I have no sense of obligation to respond to a post in the manner the poster anticipates or desires.

How did I become the sole advocate of taking a studious "read the documents" appraoch to our little hypothetical. So ironical.

Pretty Little Flower 08-10-2005 04:37 PM
Question
 
Quote:
Originally posted by sebastian_dangerfield
As you well know, I have no sense of obligation to respond to a post in the manner the poster anticipates or desires.

How did I become the sole advocate of taking a studious "read the documents" appraoch to our little hypothetical. So ironical.
So what are the primary arguments in your legal arsenal to defeat the NY lenders' claims that NY law controls?

Replaced_Texan 08-10-2005 04:37 PM
Question
 
Quote:
Originally posted by sebastian_dangerfield
As you well know, I have no sense of obligation to respond to a post in the manner the poster anticipates or desires.

How did I become the sole advocate of taking a studious "read the documents" appraoch to our little hypothetical. So ironical.
I would like to hearby recipcocate Sebastian Dangerfield's declaration of love from yesterday. Sorry, balt.

dtb 08-10-2005 04:39 PM
Question
 
Quote:
Originally posted by Replaced_Texan
I would like to hearby recipcocate Sebastian Dangerfield's declaration of love from yesterday. Sorry, balt.
What? No MFM?

sebastian_dangerfield 08-10-2005 04:39 PM
Question
 
Quote:
Originally posted by Mmmm, Burger (C.J.)
That's nice and all, when the computer generating the yes/no answer based on your credit history spits out a big ol' "denied."

based on the posts here, though, i'd hire sebby in a heartbeat to help work it out, though. sounds like he's got some mad deadbeat-saving skillz.
Isn't credit scoring just a weighing of debts to income over the life of the loan applied for? (gross oversimplification). I wouldn't think a $21k addition to one's debt load, particularly if you put a "This Debt is Disputed and in litigation" disclaimer on your report would do much.

The old days, where your credit got tanked for fucking over any obligation, are over. I know this well; I have a fantastic stack of parking tickets from when I lived in another city. Some bottomfeeder's been harping about them to one of my credit rating agencies for years. I get calls every now and again from them demanding payment. Why would I ever pay them a dime? They can't do jack to me.

File a counterclaim and advise lenders the counterclaim has a value far in excess of the debt.


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