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any point in chapter 13 filing

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    any point in chapter 13 filing

    I am under the old bankruptcy rules. I am going for my confirmation next week. 75% of my debts are taxes and student loans that donot get discharged anyway. My chapter 13 must be a 100% payout pr US trustee and prior objections. So, what is the point of going through with it? Would Inot be better off not being outside it? I am Pro Se.

    #2
    There are some advantages to a Ch 13 even on debts you cannot Discharge.

    Automatic Stay protection. As long as you make your monthly payments on time, none of your Creditors can bother you. No phone calls. No threatening letters. You'll have peace.

    The Trustee may fix the interest rate lower than what you'd get with default for lates, plus penalties.

    You're gonna Discharge whatever Unsecureds you might have included in the Plan even tho you might not pay them in full.

    You'll be done in 36-60 months. On your own, it could stretch out much longer.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      How can you be under old rules when you haven't been confirmed yet?

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        #4
        Originally posted by Peevee View Post
        How can you be under old rules when you haven't been confirmed yet?
        If there are outstanding objections to a Ch 13 case from the trustee or creditors, the Ch 13 case cannot be confirmed until they are resolved - this can go on for years. For example, our Ch 13 case was filed 11 months ago and is still not confirmed. We just keep paying our monthly payment to the trustee on time and wait for the wheels of bk court to grind until our trustee decides to pursue his objections in court to get our bk judge's ruling or withdraws them
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

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