For my cases, such a bank account, while an asset to be listed, is an asset that the Trustee cannot “take”:
11 U.S.C. §541 (d) states:
“Property in which the debtor holds, as of the commencement of the case, only legal title and not an equitable interest, such as a mortgage...
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Welcome to the Forum. I am not quite following your post.
1. Your house and cars are absolutely included in the bk. Either you pay the mortgage and car payments directly to the creditors or they get paid in the Plan. Either way, you listed the home and cars (if not leased) as assets...
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The case was decided two days ago. See:
https://cases.justia.com/arizona/sup...?ts=1709830838
Chapter 7 Trustee lost. AZ SC totally rejected David Birdsell's claim that Prop. 209 expressly repealed subsection (A)(11).
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At this time do not think about settling. As JB stated talk to several attorneys. Make no decisions until you do.
Des.
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You received a Notice of Intent To Levy while in an active Chapter 13 for taxes that are included in the 13? Your attorney is telling you that there is nothing that can be done but that he will look into it?
This sounds like a clear violation of the automatic stay and, of course, there...
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Keep us posted. You are entitled to a discharge and the fresh start that comes with it.
Des....
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If you are referring to what your credit report states, you are looking at the wrong document. You do not have a discharge yet. As a result, none of your debt has been discharged. A credit report is not a legal document and has no legal consequence as it relates to whether or not a debt was discharged....
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No Certificate of Completion for the Financial Management (pre discharge/debtor education) class filed with the court means no Discharge. With few exceptions ALL individual debtors must take the second on-line class. You take one to file bk and you take a different one to get out of bk with a discharge....
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Go it. My Olympic hopeful (never got there - never even got close - blown suspensory when she was 6) was 31 when I put her down. She was with me for 29 of those 31 years. Miss her very, very much.
Des....
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It is highly unlikely that a Chapter 7 Trustee is going to try to sell these horses, even if they are retired rodeo or show horses. Trustees do not like dealing with anything that requires feeding, vet care and/or payment of board. Unless these horses are viable show horses, the Trustee will most...
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Your first post indicates you are retired. I would imagine your income is limited to SS and, maybe a small pension. Assuming you are filing a Chapter 7 you should be fine with keeping them. JB raises the point as it relates to your disposable income. Assuming I am correct that your income is limited,...
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