overturn a beis din decision

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  • January 18, 2017 11:01 am at 11:01 am #1214048
    Lenny1970
    Participant

    Oopps… just realized the example I gave wasn’t a good one, as it talks to excessive damages. I’m arguing no authority for the ruling. I should have said if the homeowners issue was on the trees encroaching on neighbor’s property, can the arbitration panel order the offender to get rid of his unsightly 1970 Oldsmobile, which is an eyesore? Or does the arbitrator have to stick to only the “tree?” Thanks.

    January 18, 2017 12:49 pm at 12:49 pm #1214049
    Joseph
    Participant

    Lenny, has anything progressed or changed in your interaction with the beis din or your spouse since the hearing? Are you still in your residence? The allegation of being afraid you’d use the guns on her is something you never heard alleged before the beis din session? Did anyone prompt or coach her into making that allegation?

    You mentioned they had the hearing and issued their verdict all in one day’s session. Was the formal decision given to you in writing or only verbally? Were you also provided copies of the agreements you signed? Were they in English or Hebrew? What did they say?

    January 18, 2017 1:28 pm at 1:28 pm #1214050
    Matan1
    Participant

    Speaking as a graduate level Psychology student and soon to be therapist, I think you should give the get as soon as you can and start therapy for your PTSD. If your diagnosis is like you say it is, you must be in a great deal of pain. What you need is someone who can support you. It doesn’t seem like your wife is that person.

    Even if you don’t give the get, you must seek help for yourself. There are several therapies that are effective in PTSD patients. Do yourself a favor and find a therapist to work with.

    January 18, 2017 1:29 pm at 1:29 pm #1214051
    Lenny1970
    Participant

    joseph, right now, i’m in FL tryin to figure out my mom’s health issues… but i told the Bs Din administrator i’d go along w/ a 50/50 division & counseling. he cam back w/ 50/50 divis & no counsleing & i said fine. when i get back, i believe is when i’ll sign some type of pre-final agreement to move out & such. On the guns, correct, never heard that one ever. So I do think she was coached. I still haven’t rec’d the decision in writing. I think they’re goin to wait for me to sign the pre-final agreement befor issuing their decision. Yes, i do have the Agreement. It’s in English. Again, I think it comes down to the scope of the written, which just says “”WE, the undersigned (Parties), hereby agree to submit to binding arbitration all the controversies (claims and counterclaims) between the undersigned Parties, including without limitation: ___________________________” The “fill-in” remains blank. Thanks.

    January 18, 2017 1:45 pm at 1:45 pm #1214052
    Joseph
    Participant

    Lenny, considering you’re planning on signing the new agreement when you return, it sounds like you’ve accepted the inevitability of the outcome at this point.

    January 18, 2017 3:22 pm at 3:22 pm #1214053
    Lenny1970
    Participant

    Could another reason why the Agreement is invalid because it states “. . . all the controversies (claims and counterclaims) between the undersigned Parties. . .” At the time of the hearing, the only controversy I was aware of was the Get/No Get issue. I wasn’t aware of any other controversies, claims, counterclaims or any other disputes between us. At the time of the hearing, the game plan with my wife was only about do I have to issue a Get or not. That was the only controversy. In fact, in the hearing, I told the Beis Din they can’t rule on division of assets and living arrangements because we’re first going to divorce mediation for those items. The Beis Din said too bad.

    January 18, 2017 4:27 pm at 4:27 pm #1214054
    Mammele
    Participant

    Lenny: In case it’s not obvious to you at this point, don’t sign any more documents before having them reviewed by a professional YOU PAY for his advice to you (lawyer, dayan etc.). You mentioned you’re well off, this is not the place to scrimp.

    January 18, 2017 7:07 pm at 7:07 pm #1214055
    Lenny1970
    Participant

    Mammele – good advice to spend on an attorney going forward. Agreed.

    January 19, 2017 3:52 am at 3:52 am #1214056
    frumnotyeshivish
    Participant

    Lenny- I don’t know what to make of your story. You seem to be a very interesting person. The following types of person come to mind:

    1. An authentic genuine person who is lacking certain social skills;

    2. A troll without a specific goal; or

    3. A dangerous troll trying to use this forum as a tool for your goals.

    I hope you are one, yet my instincts tell me you are 3. Regardless of what you are, you likely need professional advice regarding significant medical moral and psychological issues.

    This may seem harsh, but I call them as I see them. Prove me wrong and I’ll retract.

    January 19, 2017 12:06 pm at 12:06 pm #1214057
    Lenny1970
    Participant

    frumnot, right, b/c I engage in personal attacks; as opposed to discussing the subject matter, that’s why i have to be #3. Thanks.

    January 20, 2017 1:58 am at 1:58 am #1214058
    frumnotyeshivish
    Participant

    No. Because you you argue and bring up controversial topics adeptly, yet are seemingly (or pretend to be) clueless when it comes to social interaction.

    Ironically, you attacked me, instead of my argument.

    Best of luck.

    February 3, 2017 4:35 pm at 4:35 pm #1214059
    Lenny1970
    Participant

    The saga continues… I convinced the Arbitrator (Beis Din) to change the terms of the Agreement. The new Agreement says the first Agreement is still in effect. The new agreement contains what I believe to be extortionist demands. I believe Agreement #2 is extortionist because it lacks consideration for what I have to do, i.e., “. . . obligates himself to move out of their marital home on or before two weeks from today . . .” The Agreement could read “In exchange for Mrs. xyz agreeing to pay all household expenses on their primary residence, Mr. xyz obligates himself to move out of their marital home on or before two weeks from today.” But it doesn’t. Does anyone w/ a legal background know if these one-sided concessions make the contract invalid and unenforceable? Thanks

    Lenny, any advice you’ve been getting here is clearly not working. You should hire a real lawyer. Best of luck. -25

    http://www.theyeshivaworld.com/coffeeroom/topic/overturn-a-beis-din-decision/page/2#post-642952

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