DuckSouth.com

nope...not on there. Who'd you have for contracts? I've got Barnes. Weems for Torts is a hoot.

mottlet

Advice from a 15 year practicing attorney and UM law school grad -----treat law school like a job and you will do well and still have time to have fun. Go to class. Prepare for class. Don't waste time between classes. Use the time between 8:00am and 9:00pm wisely --like you are at a job. Then, at 9:00 pm, shut it down, go have a few brews, relax and enjoy the great music and good looking hootchies that Oxford has to offer. I probably averaged going out at least 4 nights a week when I was in law school. During my third year, there were weeks where I only stayed in on Sunday nights. Of course, during exam time, all partying for me ceased until exams were over ---exam time is serious and the time to hone that knowledge gained during the semester to perfection(or as close as I could get)----sort of like a boxer in training the last couple of weeks before a big fight ---leave the hoochies and alcohol alone and get focused.

Big thing that got me this year, especially last semester, was letting exams sneak up on me. I've learned this stuff is a lot easier to review in the few days before a final than trying to cram it all in. Even after first semester, I still waited a bit too long this semester to start and go back over notes and create outlines. Next year I'll be living further from campus and plan on staying at school all day, instead of running home between classes to grab a bite to eat and catch NYPD Blue on TNT. Hopefully, this will help me do a better job of treating it like a job and rescue me from the depths of mediocrity.

mottlet

I had Steven Theil, a visiting guy from Harvard. The book 1L had just come out. I was all fired up and did ok, prepared for and participated in class and a pretty good study group. Pretty much enjoyed it. I went downhill after that.

What was the answer to the contracts question?

Won't it depend on if B is a bank? They'd be liable under more regulations than an individual. Also, did A choose not to take the money or did B go back on the deal?

just curious....

A, of course, didn't do anything, as I represent A. B, a commercial lender, repo'ed the vehicles approximately 2 weeks after entering into the contract and before getting around to advancing any money. Smells like they never intended to advance any money and wanted some paper backing up the repo.

We are now awaiting a Wingate decision about the forum selection clause in the contract of A & B, prepared by B. B insists A must sue in Indiana state court. The litigation commenced when B filed a dec. action against C, which held title to most of the repo'ed vehicles. C counterclaimed for damages and third partied in A and the repo company. A, now a third party defendant, fourth partied in the original plaintiff, B.

Really, this is a contracts question. But, now that you mention it, there might be some federal claims.

Was there any new money or was it a re-work of an existing loan?

Sounds like an interesting scenario.

That's why I didn't go to law school. I would much rather take out someone's appendix or stitch up a 10-inch gash than have that contract crap rolling around in my head all day. Man, I don't see how you guys deal with that stuff every day... I'd go insane!

Paperwork didn't mention old debt and we thought it was for new money.

consideration

good faith and fair dealing

If there was new money, it may be hard for them to repo the lot. If it was a re-work, chances are, something was messed up in their documentation, they knew it'd get thrown out in bankruptcy if it happened, which they might have been concerned with due to slow pay which would have resulted in repossesing the collateral, anyway, the re-work could have been to add some documentation that had been earlier forgotten in the original note.

Is this a case study or a real life deal?

I'm curious to hear more.

If I were B,... I'd have Vinny and Alfonce, pay A, a little midnight visit !

With A's wife and kid's watching, I would have my boyz, teach A, a little lesson in welching on a deal ! After all a deal is a deal !

If A didn't come around to my way of thinking,.......... Ahhhhh,... nevermind !



Rip Em !

you've been watching too much of "The Sporanos"


Remind me to never pi$$ you off!

It's just a buncha talk !

Have a good day !

Rip Em !

Here's one for ya.

Bank repos vehicle on Thursday. On the following Tuesday morning, debtor files chapter 13. Get a call from debtor's BR attorney saying the collateral must be returned. Well, banker is thinking "What the hell", but bank's att. informs him that this is true and he must return collateral to debtor. By the time the banker gets over being totally frustrated with the whole situation he gets notice that b'ruptcy has been dismissed. Then banker takes action again and reclaims the collateral, this time banker thinks that he has debtor by the balls (so to speak). Well, three days later debtor REFILES chapter 13 and the bank has to givle collateral back again!

I understand that the option of Bankruptcy is there to protect the debtor, but creditors really take it up the booty.

Now I don't know what you attorneys charge when handling b'rupt cases, but would debtor not have been better of to just pay the dang bank the first time.

Geeeeesss! People who don't pay the bills really pizz me off

I was just pickin at ya, RIP EM!

Yeah, I've never understood why some people do what they do with their money. A lot of the charge offs are cars that are almost paid off, then the customer just quits paying for whatever reason. I guess they think they've paid what it's worth. Who knows.

Banks do get it rough in Bankruptcy courts. That judge is looking to throw anything out that he/she can. The court is there for the customer, not the bank, so if everything is not documented just so and if regulations aren't followed, all of a sudden the bank can lose what they thought they had as collateral!