November 8

No word today from the Dana owners, and I’m still scared about it. Like any good debtor, I go back and forth, from serenity to panic. Today I’m wondering what it means that they haven’t called me back. I know they met the other day, and I wonder if they’re going to settle after all, or if they’re going to go ahead and sue me.

I met with another lawyer today, and he said if they sue me, I probably will have to pay what I owe on the lease. It would be hard to argue that I didn’t breach my contract. At the same time, he feels the Dana owners haven’t done all they could to “mitigate the damages” (lawyer speak for solving the problem themselves). They could have done this by putting a sign up, or hiring a commercial realtor, but they have refused to do so. Because of this, I would probably not be on the hook for the full $35,000 that’s still on the lease, even if the judge found in their favor. That’s the good news.

The bad news is that, no matter what, I would owe about $5,000 in their lawyers’ fees, on top of $12,000 or so for a year’s worth of the lease. So I’d probably owe somewhere between $17,000 (best cases scenario, a full year of the lease, plus their legal fees) and $40,000 (worse case scenario, the full amount left on the lease, plus their fees). The high end of this, or even the low end, could be enough to put me under.

If I do declare bankruptcy, both sides are up a creek without a paddle. If I go bankrupt, the Dana Ladies won’t get anything, and they, not me, will be on the hook for their attorneys’ fees. From this point of view, it would behoove them to settle with me. Of course, if I go bankrupt, it will be a huge blow to my self-esteem, as well as my family’s financial future, so it goes without saying that it would behoove me to settle, too.

I still pray for a miracle. I pray they’ll come to their senses and realize that this is a business deal gone bad, and a settlement is the best they can hope to salvage from it. If they want my blood, they can sue me; but even if they do, I doubt they’ll get more than $5,000 from me, because that’s all I have left. And if I have to go bankrupt,

and/ or defend myself in court, I’m going to need that $5,000 to pay my legal fees. The $5,000 can either go directly to them, or it can go to lawyers, and they’ll get nothing. So, it’s really in their best interests to take it, and move on. I wish I could pay them every cent I owe them. I really do. But as we all know, I can’t. At this point, the only sensible option is to settle, but they don’t seem to realize that.

On the bright side, I got a letter from JD Services today, confirming that I’m paid up with them. I still need a letter from American Express, which will take a few weeks, before I will fully breathe a sigh of relief. However, it appears that this particular chapter of the saga is coming to a close. I need to remember that I received a miracle there, because I was willing. I was praying, talking with people about the situation, and being open and honest with my creditor. I was willing in that situation, and I’m similarly willing with the Dana Building, and I can only assume that God is equally capable of turning that situation around.

I pray that this situation will resolve quickly, to everyone’s benefit, and that we can all move on and enjoy Abundant lives, free of this energy drain.

Maybe I should just send them what I owe so far, and see what happens after that. I don’t know. We’ll see.