title explained

Onward and upward! something that you say in order to encourage someone to forget an unpleasant experience or failure and to think about the future instead and move forward.

My e-mail: jjmiller6213@comcast.net

Monday, September 15, 2014

I SURVIVED!!!!


Today, was my day in court!!!  NO, I am not going to jail.  It was bankruptcy court.

Boy--I was so nervous and scared, I could not sleep last night.  It was around 2:30 and I had the alarm set for 7:00.

The thing I was most scared of?  The drive up there on the expressway and having car/tire trouble and not being quite sure how to get to the Federal Court Building--even if I have been in that same building twice--25 years ago.

I left here about 9:30 and onto the expressway headed north toward Flint..  I set the cruise control at 69 mph and stayed in the right lane and easily rode along.  I decided to stop at a Rest Area, because 20 minutes later I had to pee.  Back on the road, took the correct exit--turn on the correct street and found the building.  I noticed how Flint has changed in the last 20+ years and, not for the better.  

I had to park over half a block away and wondered how long it would take me to walk back to the building.  I decided to count my steps--I do that sort of thing--it's an OCD symptom.  I know that I can walk 100 steps before I have to stop and rest, so I started off.  1, 2, 3, 4, .......when I got to 100 steps, my back was screaming, but I kept on walking.  I finally had to stop for just a short rest and then off again.  When I got to 246, I was in front of the steps to the building.  The 10 steps up--thank goodness for a hand railing.

Then I was inside and had to put my purse on an x-ray belt and step through a metal detector.  All of a sudden, lights and sounds are going off and I stopped in the middle and said, "I forgot!  I have two metal hips!"

"Just keep walking toward me Ma'am," said a uniformed guy with a wand thingie.  I got up to him and he waved that thing up and down each side, while I stood with my arms out.  Each time it passed over my hip, he sang out a high pitched sound.  Up and down the other side, more singing.  Then he stepped behind me and waved it around my back.  Each time he passed over my buttock, that thing screeched like an Eagle.  Then he asked me to pull my top up and he checked my waist area.  I was scared my underwire bra would set off the screeching wand thingie again!!!

I was embarrassed that my frog belly white waist muffin was out in full view.  I guess he was looking to make sure I didn't have a gun or knife tucked into my waistband?

Down the steps to the building's basement and follow the signs.  I found another bathroom and then walked into a sort of waiting room with chairs and tables.  Six of us sitting there awaiting our attorney's.  It was now 10:35.  My attorney soon came in and told me a bit about what the judge would ask me and then we went into the room where the hearing was.

We were sixth in line.  I found it interesting to watch the proceedings.  Most of the people spoke so softly that the judge had to ask them to speak up.  I guess they were embarrassed when they had to give their names and addresses?  A few of them were young.  Most of them had jobs, one was a GM retiree and had a pension--yet they are getting a clean slate. 

The lady ahead of me, Fredericka, spoke with a very broken accent.  She had filed two years ago and the judge questioned her as to why it had taken her so long to come for the judgment.

"My son, he disabled.  He in hospital last winter and he in hospital in June.  He dying in the Hospice place now.  My sister, she and her baby die in July."

"Have you paid your attorney's fee and court costs?"

"I pay five hundred.  My son, he tell me he pay the rest last week."

The judge looked at her attorney, who shook his head slightly.  In other words, the son had not paid, but told his mother he had.

The judge said, "We can't go forward with the judgment until you or your attorney can find a receipt for the entire amount of attorney and court costs.  You will have to make another appointment and come back."

I felt so sorry for her--when she passed my chair, I reached out squeezed her hand and patted her arm.  Probably not something I should have done, but...I could not, not.

My turn.

"Please raise your right hand.  Do you swear that every answer you give today is truthful"

"I do."

"I need to see your Social Security card and drivers license."

I passed then to him.

"Please give me your full name and your address.

I did.

"Are you in the process of suing anyone?"

"No."

"Is anyone in the process of suing you?"

"No."

"Does anyone owe you money?"

"No."

"Are you entitled to any inheritance?"

I hesitated for a moment, "No."

"Do you own any real estate?"

"No."

"Did you file Federal Income Tax in 2013?"

"No."

My attorney had told me just to answer yes or no and if there were any extended questions, he would answer them, but...the judge had a different idea.

"Ms, Miller, I don't quite understand this annuity you have.  Can you explain it to me."

"It was set up 10 years ago as a, Fixed guaranteed annuity paying out the same monthly amount for 20 years... or less, if I die."

"Why haven't you cashed it in or raised the monthly payout?"

"It is Fixed  I cannot cash it in nor can I change the monthly payment.  It has no intrinsic cash value.  The monthly payout is guaranteed to remain the same for 20 years.  Ten more years."

"I will need to see the original contract."  He looked at my attorney.

"We don't have that with us, but I can get it for you."

"I'll need to see it before I make a judgment."

So, we are released and go outside.  

"The judge doesn't understand that the annuity can't be cashed in.  He is worried that the minute you are cleared for bankruptcy, you'll cash it in."

"Wish I could," I said.  "I tried before and I tried to the the monthly payment raised.  Can't do it.  I'll go home and see if I have the contract."

"Okay.  If you don't, I will write to MetLife and ask for a copy.  By the way...you did great in there!"

"Oh?"

"You weren't a bit nervous when he questioned you.  You were calm and answered all the questions fully and concisely.  Especially after I told you if there was any question of the annuity, I handle the answers.  That means a lot."

"Oh.  Well...Tom...I'm not usually intimidated by court rooms.  Remember, I have had two divorces and have even been in this very building when my second husband was up for contempt of court.  I haven't done anything wrong, so I'm not scared."
<maybe that tiny Ativan I took before I left home, helped?>

"I noticed you hesitated a bit when he asked about any inheritance."

"Yes--it caught me by surprise and I so wanted to say, 'I should have, but my step-mother stole my quarter of a million dollars from my Dad's estate.  Can you do anything about that in this court?' "

He laughed.  "You did just great!"

We start walking to our cars and he wanted to know where I was parked.  I pointed down the block to where my car was still parked--with all four wheels still intact, not up on blocks."

"I'll walk you down."

"No need.  I'll be fine."

"This is Flint!  Are you sure?"

"Yes," I laughed and I walked on.
==============================

  I got back out on the highway, feeling very confident and sort of powerful and tooled on south, at 75 mph, stopping at the Mega Coney Island place, half-way home, to get me a FLINT style Coney Dog and got home in time to watch my soap.

I found the original contract, in my funeral box with all my other important papers and sent off an e-mail to my attorney to let him know I could drop it off at his office this week.
==============================
Pearl came down in a few minutes to see if I was okay and as we were talking, I almost fell asleep.  I guess the whole ordeal took more out of me than I realized--or the fact that I had a short night and an early rising.

She brought me some blooms off her Hydrangea bush to put in a vase and dry.  They are gorgeous!!!


I was so yawny, but I had to stay up to watch the PBS Ken Burns special on the Roosevelt's.  My they are an odd bunch of people--so many mental issues and childhood family freakiness.  Of course they marry their cousins, so...that may have added to their weirdness, but the two President's managed to do a lot of our country.

10 comments:

  1. Darn it, I missed the Ken Burns special! I wanted to see that.

    And, darn, I wish you had been able to wrap up the court thing with one visit. But it sounds like you did good. Hope you don't have to wait a long time to go back. Winter is coming!

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  2. I'm watching Ken Burns special on the Roosevelt's, too. Well, I've recorded it, but haven't watched it yet.

    It sounds like you made it through the court ordeal pretty well. I'm sure things will go better next time.

    Pearl's hydrangeas are beautiful.

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  3. You handled court like a pro! Gosh, some of the things we have to face in life are pretty harsh, so it's nice not to have to go through it alone. Your attorney sounds nice and helpful, so I hope the second appearance goes ultra smoothly. Least you know there's a Mega Coney Island hotdog waiting for you on the way home. Way to go, girl!

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  4. I am glad you have your court date over with. I use to set off the alarms when I went to the library. Don't know why. Ha. Vickie Okc

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  5. You did a good job with the judge! Too bad you have to go back again but it's worth it for peace of mind!

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  6. My heart beating rapidly as I read about your court date.
    Oh my
    it brought back memories of court proceedings when I went
    through my divorce almost 40 years ago.
    I was so nervous thought I would have a heart attack.
    You did good
    will be happy for you when this is over...

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  7. It's a shame you have to go back to court, it would have been nice to avoid the drive and walk a second time. I'd have been a nervous wreck in front of the judge, I do very poorly in those situations for some reason, I guess I find it intimidating.

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  8. Gorgeous flowers to end a stressful day. You did great, and keep moving forward. Glad you're getting closer to finish line!

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  9. Aw shucks, I hate that you have to go back again, but maybe since you did so well driving this time it won't be hard. That's a lot of walking for you.

    The flowers are absolutely gorgeous!

    xoxo

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  10. Oh, and I also wanted to mention; even with "issues" I've never been intimidated either. It doesn't pay.

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