Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Disaster strikes shortly after 341

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Disaster strikes shortly after 341

    Hi! My husband and I filed for Ch7 11/7/09. We had our 341 on Dec. 14 (originally scheduled 12/7 snowstorm hit). We filed because medical bills from my adventure with breast cancer wiped us out. On Jan. 12, 2010 my husband was diagnosed with cancer, on Jan. 20th we learned it is pancreatic cancer. On 2/5 we were told he has only a few months to live. He is on hospice. we are living on short term disability, due to convert to long term in 2 weeks, at only 65% of his pay.

    We were transferred by his work 2 years ago, and know very few people here, none well enough to ask for help when I need it. My husband's only wish is to return to his hometown in a different state to be near family and friends. Long story short, I found out we can get some of his life insurance early, so I applied for it. I didn't even think about the BK, like an idiot. We found a place (with help from cousins), put down a deposit. I'm serious, all I've thought about is trying to make my husband's last months as happy as possible.

    Now we have money coming--well the insurance company opens a money market account and sends us checks--and a move to plan. we are renting now, and I explained to the landlord. He's letting us out of the lease, very, very nice. On the long term disability we couldn't afford the rent, anyway.

    I called our lawyer and asked him about the $ (didn't tell him I already requested it, too afraid). He said to wait until May. I just can't wait. My husband is still able to get around a little, but is getting thinner and weaker daily. the lawyer did say I can't have a big check coming in to our checking account.

    So, finally (sorry for long explanation) I called the BK clerk, and she said our discharge will go through the end of March, and it will be closed then. Now I'm in a panic that they'll see that money (though insurance account is in PA) and seize it, and we'll be on the streets.

    Please HELP!

  • #2
    Contact your attorney again and come clean with your situation. I am sorry to hear of your situation and hope all works out for both of you.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

    Comment


    • #3
      This is just horrible. I would think that you should be fine as you have justification for pulling the money and life ins is excluded in BK. I could be wrong but it would only make sense as you are using the money for what it was intended for.

      Call your attorney and be as honest as possible...you have to protect yourself and your attorney can not do that if he/she does not have the correct info.

      Good luck.

      Comment


      • #4
        I'm so sorry to hear this. ((HUGS)) I'd call your attorney back and just tell him exactly what you've told us.
        4/09 Converted to a Ch 7 due to loss in dh's income
        5/09 UST now involved no idea what happens next
        7/09 UST has decided to withdraw his motion to dismiss!
        7/27/09 DISCHARGED!!!

        Comment


        • #5
          This is indeed very sad. I feel you should have all this money and for goodness sakes take care of yourself and your husband. Unfortunately I don't think you will get much sympathy, compassion, or empathy from the people you are involved with in processing your bankruptcy. It is all about money and your situation will fall on deaf ears.
          I wish you all the best.

          Comment


          • #6
            Originally posted by dakota112 View Post
            This is indeed very sad. I feel you should have all this money and for goodness sakes take care of yourself and your husband. Unfortunately I don't think you will get much sympathy, compassion, or empathy from the people you are involved with in processing your bankruptcy. It is all about money and your situation will fall on deaf ears.
            I wish you all the best.
            I don't agree with that. It is of course possible but there is such a thing as "exceptional circumstances". I think this qualifies.
            So the poor debtor, seeing naught around him
            Yet feels the narrow limits that impound him
            Grieves at his debt and studies to evade it
            And finds at last he might as well have paid it.

            Comment


            • #7
              First, I am very sorry for all you have been through and are still going through, and will be going through. Both of you.

              Second: How much money are we talking about?

              And what was the dollar amount in debts being discharged?

              What state?

              If you can share the numbers, we might be able to offer better advice. The ultimate advice is talk to your attorney, of course, but sharing the numbers might help us offer scenarios to talk about.

              Again, my most incredibly sincere condolences to you and your husband. I cannot even comprehend the depth of this tragedy, and am simply thunderstruck that you have been through so much.
              11-20-09-- Filed Chapter 7
              12-23-09-- 341 Meeting-Early Christmas Gift?
              3-9-10--Discharged

              Comment


              • #8
                oh, gosh. sorry for your pain.

                since you already applied for the money and it's coming, and you can't stop it, and your attorney (not knowing this) said to wait 'till May, at this stage maybe it's best to say nothing to your attorney or anyone else. trustees don't go looking at your bank account (they'd ask you for it if they needed to), so they'd never know unless you tell them. the important question is: at your 341, did your trustee tell you to let him/her know if you get life insurance over the next few months? some trustees explicitly say so. if they did, it's on the record and you are screwed. if not, and somebody ever finds out and asks you, you can honestly say you didn't know it was relevant to the bk (obviously you didn't!).

                the law aside, there is just no way any human being would fault you.

                good luck. doctors are often wrong in predicting how long someone has to live. i hope that will be the case here too.
                filed ch7 May 09
                341 june 09
                discharged, closed Aug 09

                Comment


                • #9
                  I am so sorry to hear about your husband. I'll pray that God comforts him in the months to come, and that He provides for you as you deal with your BK and keeps you cancer free.

                  Comment


                  • #10
                    Oh.....I am really sorry to hear that. I will pray for you and your husband.
                    {hug} {hug}

                    Comment


                    • #11
                      I am very sorry for all your pain, and yes I agree with a previous poster that there "exceptional circumstances" allowed and I would think if this wasn't exceptional than nothing is.

                      Keeping you and your family in my prayers.
                      Ch 13 filed 06/22/09. Dismissed,thankfully, 03/31/10. Ch 7 filed 06/28/10. 341 07/29/10. UST POA 08/06/10. UST mot to dismiss hearing extended to Dec...Feb...March...May...Aug. UST withdrawal of dismissal filed 05/31! DISCHARGED 07/12/2011!

                      Comment


                      • #12
                        My thoughts and prayers are with you and your husband. May God bless you in your moment of need. Be honest with your attorney and do what you have to. Good luck.

                        Comment


                        • #13
                          Thank you!

                          Thank you all, so very much for your kind advice and prayers.

                          We went to chemo today, and when we came home there was a letter from the lawyer. Our BK has been discharged and closed!!!! Hooray!

                          Music12, our trustee didn't say anything about life insurance, and we sure didn't know what was coming at the 341 hearing. So, I'm going to take it that we slid by. At this point, if they come back after me later, I'll just tell the truth. When I requested the early disbursement, the only thought in my mind was taking care of my husband. We didn't receive the funds before the discharge, so I'm not going to feel guilty about it.

                          I did look it up last night, and life insurance proceeds are listed as exempt in NH, but maybe the early disbursement wouldn't be.

                          Regardless, I'm doing a happy dance, and going to get packing.
                          Thanks, Again!!!!

                          Comment


                          • #14
                            Originally posted by NewHamp1 View Post
                            Thank you all, so very much for your kind advice and prayers.

                            We went to chemo today, and when we came home there was a letter from the lawyer. Our BK has been discharged and closed!!!! Hooray!

                            Music12, our trustee didn't say anything about life insurance, and we sure didn't know what was coming at the 341 hearing. So, I'm going to take it that we slid by. At this point, if they come back after me later, I'll just tell the truth. When I requested the early disbursement, the only thought in my mind was taking care of my husband. We didn't receive the funds before the discharge, so I'm not going to feel guilty about it.

                            I did look it up last night, and life insurance proceeds are listed as exempt in NH, but maybe the early disbursement wouldn't be.

                            Regardless, I'm doing a happy dance, and going to get packing.
                            Thanks, Again!!!!
                            What a dramatic timing! I am really glad as like mine.

                            We still keep you and you husband in prayers.

                            Comment


                            • #15
                              if your state exempts it, then you're golden even if the check came before discharge. now, best wishes for your future.
                              filed ch7 May 09
                              341 june 09
                              discharged, closed Aug 09

                              Comment

                              Unconfigured Ad Widget

                              Collapse
                              Working...
                              X