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southernbelle 07-15-2008, 05:14 AM I've been avoiding PACER like the plague because I didn't want to get continuously disappointed by the "Awaiting Discharge" status, but finally today I checked and found this:
United States Bankruptcy Court
Chapter 7
Employer Tax ID / Other nos.:
DISCHARGE OF DEBTOR
It appearing that the debtor is entitled to a discharge,
IT IS ORDERED:
The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code).
BY THE COURT
Dated: 7/10/08
Turns out I received my discharge 2 days after the meeting with the realtor.:) I'm glad you guys were there to help encourage me to continue to fight and not to give up.
I want to cry I'm so happy and can honestly say that without you guys, I would not have been able to make it this far. I still have taxes to deal with, but at least the hard part is over and done. After meeting with several attorneys that wanted to push me into a Chapter 13 because of my income alone, I'm happy I found this forum which gave me additional information so that I could find one that took the time to listen to me and wasn't afraid to file a non-consumer Chapter 7.
FROM THE BOTTOM OF MY HEART, THANK YOU ALL FOR HELPING ME!!!!:)
P.S. Don't think I'm going away either, I love you guys. :D
Brookamy 07-15-2008, 05:26 AM Congrats!! I'm trying to come up with the attorney fees so I can for chapter 7.
samantha625 07-15-2008, 06:03 AM southernbelle-
Congrats on your discharge! I'm still new but have read some of your posts....
You must be so excited! Go do something (inexpensive, lol!) to celebrate, and
enjoy the relief that you deserve!
Help! 07-15-2008, 06:13 AM CONGRATULATIONS!!!!! I am soooo happy for you!!! :)
fltoo 07-15-2008, 06:14 AM You are a trooper.
southernbelle 07-15-2008, 06:25 AM Thanks guys. Tonight I plan to rent a cheap movie with a big bowl of generic popcorn. LOL
biotechsolution 07-15-2008, 06:30 AM congrats southernbelle.
You should contact the insolvency group at the IRS and get them to
list to your what taxes they considered 'discharged'. If they filed a
proof of claim, hold them to what they listed on your proof of claim.
This way is the best to determine what they consider discharged.
Normally you would have to file an adversary proceeding to determine dischargeability of taxes and since you didn't file one during the bk you
would have to reopen the bk to have the court decide what is actually
discharged.
The adversary proceeding usually only arises if there are disagreements
has to what is discharged and what is not.
One more note. You cannot open a installment agreement or OIC until the insolvency group closes your bk. Another reason to stay on top of them.
Congrats again.
danaf 07-15-2008, 06:37 AM horaaaaay! Go and celebrate!
JRScott 07-15-2008, 06:39 AM Congrats :)
PoorGrammyinBK7 07-15-2008, 06:43 AM I am so happy for you Southern Belle! Thank you for sharing.
I am in a similar situation with a non-consumer chapter7 - hope it goes smoothly. We filed Thursday.
Enjoy that movie and popcorn!!
southernbelle 07-15-2008, 06:46 AM congrats southernbelle.
You should contact the insolvency group at the IRS and get them to
list to your what taxes they considered 'discharged'. If they filed a
proof of claim, hold them to what they listed on your proof of claim.
This way is the best to determine what they consider discharged.
Normally you would have to file an adversary proceeding to determine dischargeability of taxes and since you didn't file one during the bk you
would have to reopen the bk to have the court decide what is actually
discharged.
The adversary proceeding usually only arises if there are disagreements
has to what is discharged and what is not.
One more note. You cannot open a installment agreement or OIC until the insolvency group closes your bk. Another reason to stay on top of them.
Congrats again.
Thank you biotech. I will write them a letter tomorrow that requests the amount of taxes discharged. I kept a copy of the claim they filed as well which I will definitely hold them to. Also, do I have to wait until my case is completely closed to deal with them (do they close my case after my case is closed or do they have their own criteria), and also does that mean they can't start collection actions until my case is closed?
Also, the local taxing authority didn't file a claim yet (they have until November and are notoriously slow), but if they don't file one how do I determine what is dischargeable if anything? Thanks again.
Congrats Belle, I am very happy for you!!
southernbelle 07-15-2008, 06:54 AM I am so happy for you Southern Belle! Thank you for sharing.
I am in a similar situation with a non-consumer chapter7 - hope it goes smoothly. We filed Thursday.
Enjoy that movie and popcorn!!
I was extremely skeptical at first because local attys here aren't familiar with a non-consumer chapter 7 and most didn't even want to try, but everything went pretty smooth given the fact that my trustee was really tough. I think the only hiccup was the appraisal at day 63, but I knew my money pit wasn't worth anything, but it was still scary.
I now wonder if the trustee will send me a letter to tell me if she wants the equipment because that's the only thing left unresolved at this point. In a way I hope they take it, because if they don't I'll have to deal with it, but I know of some great charities in my area that would love to have it and I'm looking forward to not having to pay storage fees any longer.:yahoo:
I'm also wondering if she didn't ask for it before discharging me if that means she doesn't want it. I might send an email to my atty to ask just in case because I could sure use that extra $120 per month.
My life is like a soap opera Grammy, if I can make it you'll sail through.:)
biotechsolution 07-15-2008, 07:04 AM Thank you biotech. I will write them a letter tomorrow that requests the amount of taxes discharged. I kept a copy of the claim they filed as well which I will definitely hold them to. Also, do I have to wait until my case is completely closed to deal with them (do they close my case after my case is closed or do they have their own criteria), and also does that mean they can't start collection actions until my case is closed?
Also, the local taxing authority didn't file a claim yet (they have until November and are notoriously slow), but if they don't file one how do I determine what is dischargeable if anything? Thanks again.
local tax should follow the same discharge has federal. you should give
them a call and let them now that you are discharged. When taxing
authorities don't file claims, it's usually 2 reasons. One it's a no-asset case
and there wouldn't be anything to share (in these cases it's usually good to
ask the bk court what is discharged by filing a determination of discharge) or
in an asset case they believe nothing is dischargeable so everything passes
through the bk unaffected.
Frogge 07-15-2008, 07:24 AM WOOHOOO!!!!!! Congrats!! :yahoo: :yahoo: :yahoo:
sick of debt 07-15-2008, 07:59 AM Congrats. You are a debt free woman:yahoo:
rfassett 07-15-2008, 08:01 AM Holy crappin' crap, Belle, you did it! Congratulations! Tip a cold water for me tonight - in honor of your drive and courage to stay the course! You rock, girl!
scubaman 07-15-2008, 08:48 AM Hi SouthernBelle
Congrats to you. Now I am still waiting to review my case with my atty and it has been since Feb08 when we I decided to BK. I am also dealing with taxes and that is why I am in this situation to begin with. I am filing bk7 that is what the atty suggested because of my high tax debt. 23k state CA. and 63K feds about 14k feds will be added to the bk7 but then I have to deal with the 40 or 50k left after the bk. I am already making payment on the state $400 month due to the fact that this was 2007 taxes. What happened was the company I work for was a part of the BACK DATING OF STk Options and our company was being investigated by the SEC and our company went into a 14 month blackout which meant that we could not sell or buy our company stk. Through all this I lost $500k and was taxed because I had a margin account and the stock dropped 75% in 1 month due to the investigation. OUCH...
I am feeling much better now but it has been hard - lots of depression and fear. I am actually taking ANTI depressants and trying to stay focused on my Job. I appreciate anything you can share with me about how your tax situation and BK helped you and I am sorry for blathering but it feels pretty good to hear that you are going to be ok and your decision to file has worked out for you.
Thanks for listening!
salms50 07-15-2008, 09:41 AM Congrats!!! I cannot wait for my day. I only have 29 days left...hopefully.
congrats bell get some good pop corn.
Stilltheone 07-15-2008, 10:38 AM Holy crappin' crap, Belle, you did it! Congratulations! Tip a cold water for me tonight - in honor of your drive and courage to stay the course! You rock, girl!
Congrats Southernbelle! I am so happy for you girlie!! :clapping:
southernbelle 07-15-2008, 11:25 AM Just a couple more days and you'll be celebrating too Stilltheone. I'm waiting for your good news too. It's coming soon. :clapping:
Greenie 07-15-2008, 12:02 PM Congrats!!
sunshine mary 07-15-2008, 01:00 PM I am sooooooooooo happy for you :D CONGRATULATIONS !!!!!!!!!!
AngelinaCat 07-15-2008, 01:00 PM Congratulations a day late!!! You worked hard for it!!! YEA!!!! :yahoo:
Stilltheone 07-15-2008, 01:00 PM Just a couple more days and you'll be celebrating too Stilltheone. I'm waiting for your good news too. It's coming soon. :clapping:
So far, nada. :cool:
liz417 07-15-2008, 01:03 PM Thanks guys. Tonight I plan to rent a cheap movie with a big bowl of generic popcorn. LOL
Cheap?!!??? You can afford the good stuff now!! Just kidding!
Congrats southernbelle, you are a true fighter!!!
:yahoo::clapping::yahoo::yes2:
pa308 07-15-2008, 02:03 PM Congrats, I'm glad it worked out for you!!!!
soleprop 07-15-2008, 03:08 PM woohooo!!! congrats to you!! you're my hero!!!
motivates me to keep going on mine. :D
southernbelle 07-16-2008, 03:17 AM woohooo!!! congrats to you!! you're my hero!!!
motivates me to keep going on mine. :D
You can do it. I'm pulling for you and will keep watching for your discharge.:)
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