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  • Well

    Have a hearing tomorrow afternoon for a "Summary of Judgment" from
    the Trustee.

    At this point don't really care as what more can they do??? We filed our petition in good
    faith. Yeah we put way to much Blind Faith into the attorney and thought all was kosher
    and well on the petition. Oops, not so. We had foreclosures that were not listed and the
    Trustee held that against us. Whatever at this point.

    We have credit card debt where most is due to fall off due to Statute of Limitations. Some judgments.

    At this point if we get the discharge,which in my heart of hearts and brain of
    brains we most truly deserve, then fantastic. If not then we deal with it and move on
    with our lives. I'm tired of this looming over our heads especially when we are good
    people. I have a family to take care of and don't need this crap anymore. We filed a
    year ago and I'm ready for some resolve one way or the other.

    Tried to but a car today. My score is up,etc. BUT with "Open BK" that holds me
    back. So after tomorrow with or without the discharge I get peace of mind and hopefully
    a car withbthe BK out of my life.

    Wish us luck please!

  • #2
    Hope things work out for you, good luck, and prayers for you.

    Comment


    • #3
      We feel badly for you. We were "poster kids" for doing all the wrong things. I understand lack of guidance (or education) from your lawyer. Common that they assume you are the expert. It cost us dearly, but it never went to an AP from the Trustee. We DID have an AP on top of all our troubles as well as preferential payment, and not listing a sold asset sold during the bk. Out of pure ignorance all was done, yet I believe the Trustee saw how ignorant we were, or know our lawyer was poor, but he worked with us. We paid our penalties over a year's time, was discharged, and closed later. MUCH later after disbursement of assets paid back.

      Best advice I could give you is, "hat-in-hand" go to your hearing and with full honesty, admit to whatever is the problem, and explain that you meant no damage or wrong doing, you just did not know it was wrong or disallowed. The Court may just give you a verbal and you may have to undue whatever your error was. I am rooting for you and hope to hear good news after your hearing. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


      • #4
        Best wishes faroff, best wishes!!!!

        Comment


        • #5
          Ugh, that stinks. Good advice given above. Sending support and best wishes your way. All will be well in the end, but I know getting there is the hard part.

          Comment


          • #6
            Thanks all. Well we had the hearing today and were in and out in 10 minutes.

            Basically we decided to settle. The trustee is asserting that we basically under oath
            at the 341 gave false info. Well we know we didn't purposely give any wrong info. Again,
            under stupid blind faith on my part, we trusted all was on the petition. Like we file for BK
            everday!!! Anyway we asked the court to dismiss our fight to take this any further. He
            granted us that meaning we will now not get the discharge. However I did overhear the trustee
            telling my attorney this does not dismiss the case as there may be more "hidden" assets for him
            to explore.....we have nothing. My attorney said we wanted him(trustee) out of our lives so we
            can move on. But again trustee said the case is not really dismissed but the AP is and he's not
            pursuing that but will have to check if there are more assets he can get a hold of.

            At least I think that's what happened??! It was quick and confusing but my attorney said
            he would be calling me later. Not sure if today was good or bad??

            Comment


            • #7
              Any day you can get rid of an AP is a good day. Sounds like your Trustee is a pretty hard shell AH. Do not accept that you will be dismissed. Due to the fact that the Trustee is still going after 'stuff', your case is still open. When he cannot find more of 'whatever' the Court may still offer you a discharge. In any case, there is a certain time to be able to refile. A bit harder perhaps, and when you do get with your lawyer, he can tell you what to do. I'll bet he says do not give up hope and go from there. Remember, your AP Judge is also your BK Judge. This is not bad.

              I vote for one, to not give up hope at this time. Go for a resolution on mistakes and ignorance. We had no need to do this as it was pretty obvious we were totally blank on knowledge. This is why Mrs. and I stay on as we have learned and help those like you. 'Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

              Comment


              • #8
                "Sounds like your Trustee is a pretty hard shell AH." That is putting it mildly! My attorney told me at the onset he was known as
                the "devil"!


                "Any day you can get rid of an AP is a good day." Could not agree more.



                Spoke to my attorney just a little while go. Basically the case is still open as there is one pc.of property the trustee wants but he's in
                litigation with the mortgage lender on it. However this has nothing at all to do with us.

                By principal I know we are entitled to a discharge, but you can starve on principal. I want to move on in life and have opportunities
                ahead of me and want this BK nonsense behind us.

                "In any case, there is a certain time to be able to refile." What exactly do you mean by this?


                We do have some cc debt but in our state it's 3 years statute of limitations so most have closed and dropped off.
                Any judgments we have(only a small few) our attorney said he would handle for us. Overall I feel good and positive and
                feel we had a good day.

                Thanks for your positive response!

                Comment


                • #9
                  I believe there is some confusion regarding the statute of limitations you referenced for your state. I believe SOL is 10 yrs for collection of the debt... Not three. Unless your debt is for somewhere other than SC. Also the SOL for reporting the debt on your credit report is 7 yrs.

                  There are two SOL's for debt. One is the SOL for reporting the debt on your credit report and the other is the SOL for collecting the debt in your state, based on the type of debt it is. Hth. Just want you to be aware that this debt can come back and haunt.

                  Comment


                  • #10
                    "I believe there is some confusion regarding the statute of limitations you referenced for your state. I believe SOL is 10 yrs for collection of the debt... Not three. Unless your debt is for somewhere other than SC. Also the SOL for reporting the debt on your credit report is 7 yrs.

                    There are two SOL's for debt. One is the SOL for reporting the debt on your credit report and the other is the SOL for collecting the debt in your state, based on the type of debt it is. Hth. Just want you to be aware that this debt can come back and haunt."

                    I agree that not getting the discharge the debts will still be there and can haunt us. However if they decide to attempt to collect
                    then my attorney will have to work something out with them such as possible settlement,etc. I have no assets so there's nothing to
                    give them.

                    In my state it is 3 years to collect on open debt such as credit cards and promissory notes. 7 on judgments.

                    At least this is what I've read and been told.

                    I hate not getting the discharge but at least the AP is dismissed and according to my credit report most of the previous
                    balances I had are listed at 0 and closed. I just want the trustee out of my life and take my chances on any collections. Just
                    have to deal with it then.

                    Comment


                    • #11
                      Just want to add the URL on statutes of limitations per state:


                      http://www.bankrate.com/finance/cred...d-debts-2.aspx

                      Comment


                      • #12
                        Thanks. Fortunately most of the debts are in NC which does not seem as brutal as SC.

                        Comment


                        • #13
                          have nothing to add, just best wishes on getting your life back however it happens!
                          Filed CH 7 4/15/11
                          341 5/23/11
                          DISCHARGED & CLOSED ON 7/27/11

                          Comment


                          • #14
                            "have nothing to add, just best wishes on getting your life back however it happens!"

                            Thanks!

                            Comment

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