Tuesday, September 29, 2009

September 29, 2009

Two weeks and counting...... seems a little bit like a “Twilight Zone” episode.... I, apparently, signed up as “victim” in a knife fight, and, in the Zone, there is no backing out.

Really though, I am staying busy making preparations for being “out of commission” for a couple of months. My friends, Carl and Kathy, have invited me to park across the street from their house...... I will be in town, and near my friends that have kindly offered to look after me. They offered me their guest room, but you all know me, I would just be too uncomfortable in a house.

Carl and I spent yesterday putting in an electrical service. There are definite advantages to owning a backhoe, and living in a town with dirt streets. Carl and I tracked down most of the neighbors and advised them that this was only temporary..... Well, this is Frazier Park, and they could have easily thought this was permanent.... OK, it could be permanent, depending on how my finances go. LOL Anyway, we are hoping that “code enforcement” has better things to do.

I have 8-10 friends that have offered to check in and see if there is anything that I need.... I am thinking.... Wash and wax the motor home, change the oil in the car, shampoo the carpets, etc. guess that I will need to make a list.

The BK is going about as expected, the meeting of creditors has been pushed to Nov. 23, and the confirmation hearing has been pushed to Dec. 9. I am hopeful that the “relief of stay” hearing will stay on schedule for Oct. 6. If so, I may be able to complete the foreclosure, and put some money in the bank.... Well, just long enough to pay some bills. LOL I did, however, make a deal with UPMC, to make monthly payments for 6 months. This will keep my credit rating in tact while I try to force Health Net to honor their obligation.

I can't say enough about the people in my life...... I don't know what I would do without them.

Saturday, September 19, 2009

September 19, 2009

This is a rant, followed by a weak attempt at humor..... READERS BEWHERE

Well, “There is no joy in Mudville”. Health Net, my insurance Co, pounded some more nails into my coffin today. They have denied my appeal for payment of about $60,000 to UPMC. UPMC has started collection proceedings. Credit likely to be ruined......

I have not heard from the Insurance Commissioner yet, but I am sure that he will be by with some more coffin nails. I guess that the commissioner and Health Net belong to the same club. I was foolish to believe any different. The insurance co. is saying, “our phone reps. Are so well trained, that they must have given you the correct information, and it is right there in the notes”. I have been trying to get information on the existence of a recording of the pertinent conversation regarding this.... 5 weeks and counting.... They continue to give me conflicting directions, and excuses. If this recording exists, and it supports my argument, I am afraid that it will become lost. What they have done seems like such a blatant abuse of the rules, it is hard for me to believe that this is happening. The only avenue left is a lawsuit, but I don't know how I will find the energy to continue. I guess that they know that they are dealing with sick people, and have no problem using that to their advantage. I suppose that “waiting for the patient to die” is good business.

I still have high hopes regarding the property that is tied up in BK. It seems impossible that my “motion for relief” would be denied, but I have been wrong before. If I can get the property out of the BK, and proceed with the foreclosure, I may be able to avoid financial ruin.

I think that the only way out, is to write a hit country song...... Old, Broke, Sick, and Single..... Has a nice ring to it..... I guess that I can always downsize, and get by.

Monday, September 14, 2009

September 14, 2009

Ok, Here is the schedule..... I enter the hospital on Sun. morning, Oct. 11, have my surgery Mon. morning at 7:30, and will be there 8 – 10 days. I can expect to resume activities in about 6 weeks and feel good, maybe sooner and maybe later.....

I will supply more details as they become available. I don't know if I will have internet access or energy in the hospital. If I am unable to post reports in my blog, I encourage my friends and family to post my condition in the comments section of my blog.

I will, of course, have my cell phone, and, depending on the level of drugs in my system, will welcome all calls.

Saturday, September 12, 2009

September 12, 2009

I guess that my plan to post blogs only when I feel good is now obsolete. I do, however, feel a bit less bad today, which I guess will be the new criteria.

The indecision is gone, and I am coming to terms with the inevitable sacrifice of some body parts. I am trying to accept the idea, that sometimes, bad things happen, and when they do, anger is useless. My plan is to do this as well as I can, and learn to live with the result. I didn't really choose this plan, it just seems to be the only one available.

I have spent the last 3 days playing lawyer, which actually took my mind off of health issues. I produced, and filed with the Bankruptcy Court, a motion for “relief of automatic stay”' and an “opposition to confirmation of the Chapter 13 Plan”. Each of these were about 75 pages, and were necessary to protect my interest in the property that I sold 3 years ago, which is currently in foreclosure. The opposition motion is asking the court to deny a reorganization plan that pays me far less that I should receive, and the relief motion is asking the court to kick the 2 houses out of the BK, and let me go forward with the foreclosure. I have high hopes for both of them.

I don't like being in this legal battle, but I do find it very interesting, and am getting a reasonably good education. I have discovered things that they probably don't teach in law school. Every thing that you need to defend your self is available on the internet!!!!! I just root through existing cases, (public documents all, at cabc.uscourts.gov) and find one that is similar to my case. All of the pleadings are there; motions, notices, caption pages, declarations, exhibits, and forms...... They are all there! The pleadings and forms contain the arguments used in similar cases, and all reference the proper sections of the code. The US Civil Code itself, is there as well.

This is stuff that other people paid high priced lawyers, tens of thousands of dollars to produce. They paid their lawyers to research the law, make the arguments, and produce the paperwork. All of that stuff is available for 8 cents a page in the comfort of your own home, or in my case motor home, or for free at the court house. You just substitute your name and the facts of your case. I mostly used paperwork from the legal department at “Country Wide Home Mortgage Co.” I figured that they must certainly know what they are doing. What a country.

The hard part, I find, is that you actually have to read the code sections, and really understand the arguments..... This becomes easier with time.

Oh yes, the “Rules of Procedure”, there are United States Rules, 9th District Rules, Central Division Rules, Santa Ana Rules, and ….... each Judge has their own special rules. They spend a lot of time in law school teaching these things, and I was a bit worried about the consequences of screwing up some procedural rule, and costing myself a bunch of money. Then I found this rule...... drum roll...... “these rules shall not be enforced in a way that would cause someone to lose their rights”. I think that these rules help cases travel through the system in a predictable way.

I know that my paperwork is not as polished as that of a top law firm, but am hoping that my Judge will see me as “poor but honest” and trying hard to do the appropriate things. The Judge in my last case took on this attitude, and I hope this Judge will do the same. I did, however, pay particular attention to the time allowed for various actions, and to the proper service of notice on the opposition.

I should pause at this point to thank my ex, Sherrie, who brought a frivolous lawsuit against me regarding a property that we jointly owned. That is when I discovered these little known techniques. I guess that there really was a silver lining to that drama.

Also a special thanks to my brother in law Tim Esq, who looks over my shoulder, and offers encouragement and advice as necessary.

While I am in the thanking business, I should thank Claudia as well. She visited for a couple of weeks of no fun, all work, tired, dirty, and crabby. I was gone for 7 months, and had a lot of catching up to do. The surprising part, is that she has offered to return for the upcoming medical festivities.

I should also thank all of my family and friends out there that following this blog, and offer your support. It really does matter to me.

Thanks also to all of my local friends that are offering to help me through the next few months.

Back to the medical future..... they are going to remove my bladder and prostate, harvest about 4 feet of intestine, and craft a new bladder for me. At least that is the plan, however, they could find problems that would prevent this procedure. It won't be the same, but may allow me to live a fairly normal life. I am very thankful that this technology exists.

My doctor, Dr. Boyd, is head of the department at USC Norris, and was one of the team that developed this procedure back in the middle 80's. Let's all wish him luck.

For those of you who are interested in the gory details, just google “neobladder”.

Tuesday, September 8, 2009

September 8, 2009

I am not sure how to start..... I saw the Doc. today, and got bad news. Despite the recent treatments, I still have cancer, the bad kind that tries to burrow through the bladder muscle wall (now weakened by treatments) and set up colonies in my other organs. He couldn't see anything but inflammation, however, he took random samples, and the cancer was found by the pathologist.

The good news, the cat scan found nothing suspicious in my other organs.

The bad news, trying to save my bladder seems foolhardy at this point. For the best chance to stay alive, the bladder must go. This will likely be scheduled for the first part of October.

Needless to say, I am very disappointed.