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a question about not being able to open any lines of credit.

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    a question about not being able to open any lines of credit.

    im not allowed to open any lines of credit untill my 13 is paid off in 6 years. i am fine with that and confident that i will not get mysefl intot hat situation again. however, does this also apply if you want surgery? i would like some cosmetic surgery done (im an exotic dancer, so its job related) and the center would finance it for me however i am unsure if i could do this. i could call the trustees office but how much info should i give them. will they ask what the surgery is for and if so do i have to tell them? since its job related, do you think it would be ok?
    filed ch 13 june 4th 2008
    total payback: 10 G over next 5 yrs.

    #2
    Originally posted by kst7488 View Post
    im not allowed to open any lines of credit untill my 13 is paid off in 6 years. i am fine with that and confident that i will not get mysefl intot hat situation again. however, does this also apply if you want surgery? i would like some cosmetic surgery done (im an exotic dancer, so its job related) and the center would finance it for me however i am unsure if i could do this. i could call the trustees office but how much info should i give them. will they ask what the surgery is for and if so do i have to tell them? since its job related, do you think it would be ok?
    Welcome to the board.

    First, a Chapter 13 plan can be no longer than 5 years from the petition date, so I just saved you a year!

    Second, you cannot assume new debt without asking first. You basically need to have a very good reason, then make a motion to the court to incur new debt.

    Finally, it's the Court, not the Trustee, who grants permission to spend money. The Trustee must approve of it though. Having wrote that, the Trustee, however, is a good resource. You can ask the Trustee's office a hypothetical on necessary versus voluntary procedures.

    If you're not in a 100% payback plan to your unsecured creditors, voluntary procedures will be frowned upon, unless they are under a certain amount. This will differ by District. For example, North Carolina is generous with a $5,000 limit before you need to seek approval!

    On the other hand, I never noticed you wrote that it's job related. I support single moms! Okay. So, you could claim that it's an implement of your profession and have your lawyer fight for it. The litigation will cost you money. Unless, again, the limit is $5K where you live (I hear you can get... enhancements for around that). If it's lower, you'll have to plead your case.

    You do have a case though. You could definitely argue that the, ahem, enhancements, will increase your income thus allow you to pay your creditors.
    Last edited by justbroke; 10-15-2008, 02:17 PM.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      thanks for the reply. i am single but alas not a mother ;)

      i think i will just save up instead.
      filed ch 13 june 4th 2008
      total payback: 10 G over next 5 yrs.

      Comment


        #4
        Originally posted by kst7488 View Post
        thanks for the reply. i am single but alas not a mother ;)
        I support non-moms too.

        Originally posted by kst7488 View Post
        i think i will just save up instead.
        This is the best answer. Generally, you don't really want to incur new debt while still in your Chapter 13 Re-organization unless absolutely necessary. You should find out, by calling the Trustee, what the limit is not having to seek approval for new debt.

        In the end, the Trustee will never let the creditors suffer for something you choose to do, that's optional (voluntary). That is, if you were to purchase these enhancements, and didn't make your plan payments... you'd be dismissed in a heartbeat.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

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