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justbroke
justbroke
Super Moderator
Last Activity: 04-12-2018, 09:47 PM
Joined: 07-10-2008
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  • overmyhead03
    overmyhead03 posted a Visitor Message for justbroke
    Hi justbroke .
    I live in Marion County Florida and am filing pro se.

    I remarried and had ask my spouse to leave for several reasons. No children but I have teen from previous marriage.

    Do I include her things as my assets? She has her own TV, computer, electric piano,...
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  • justbroke
    replied to Chapter 13 Property Tax
    I had to do exactly that in my Chapter 13....
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  • justbroke
    replied to Chapter 13 Property Tax
    Some municipal or governmental entities don't really know much about the automatic stay and Chapter 13s. I had an issue with personal property tax where they kept billing me for pre-petition charges despite knowing that they didn't file a claim. It took some time to find the right person and convince...
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  • justbroke
    replied to More than 60 payments?
    If you filed in New Jersey, then you are likely in the same camp as Florida; 60 months from the first payment. The only State that I know for sure, that does 60 months from confirmation, is Michigan. Illinois and North Carolina may be similar. You'd have to talk to your attorney or find someone on...
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  • justbroke
    replied to More than 60 payments?
    It entirely depends on the district/State. In Florida, our Districts have a strict 60-month limit from the time of your first payment (which is 30-days after filing). In Michigan, it is 60-months from the time of confirmation with confirmation taking as many as 6-12 months!
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  • Another poster asked about an inheritance which muddied my response as I answered both questions in different posts.

    I would follow the lead of your attorney and not worry; you paid them to worry for you....
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  • justbroke
    replied to Foreclosure and Chap. 13
    If there is a right of redemption, then you'd have to redeem the certificate of sale within that period. I don't know if a bankruptcy can "cure" that redemption as that's probably a really interesting legal question. If a bankruptcy could cure the redemption,

    You should seek...
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  • The maximum amount of time allowed in a Plan is 60 months, not 60 payments. Some districts have interpreted this from the time you file, and others interpret it from the time the Plan is confirmed.

    There's no way that I can guess as to why you made 69 payments. There may be some discretion...
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    Last edited by justbroke; 04-11-2018, 10:06 AM.

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  • justbroke
    replied to Foreclosure and Chap. 13
    If the sale has been completed, the deed has been issued, and/or there is no redemption period (under State non-bankruptcy law), there's nothing you can do.

    I'm so sorry that you got trapped in this....
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  • If you're talking about your homestead exemption, it's actually taken from the final sale price, but after the lien holders are paid, then the commissions, then any other costs related to the sale, and then the homestead or other exemption. It's not so much taken off the top as it is taken after payoffs,...
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  • You posted this same question to a thread (topic) created in 2012. Please re-read the forum rules and refrain from opening up old threads (as opening old threads, especially those that are nearly 6 years old, will likely generate no response, the prior posters no longer on the Forum, and the information...
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  • justbroke
    replied to Asset Chapter 7 closed after 77 months.
    You know what Tony... you actually got the last laugh. As you may not be aware, a Chapter 7 Panel Trustee makes $60 on a case "unless" they find assets to administer from which they can earn a commission for liquidating those assets for the Estate. This Trustee wasted not only their time,...
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  • justbroke
    replied to Asset Chapter 7 closed after 77 months.
    If you were represented, then the court likely sent the notice to your attorney. If you moved, the notice may have been sent to the wrong place. Regardless, the closing of the case seems to have been completed. i would print off the order closing the case and enjoy the fresh start.

    Creditors...
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  • justbroke
    replied to Losing Wealth Deadly
    I had so much unsecured debt, I thought that I was going to be forced into a Chapter 11 (unsecured debt was over $300K). Trust me when I say that I'm a fast learner; that and a whole lot of luck (a rather nice Chapter 13 Trustee and a tough, thorough but reasonable Chapter 7 Panel Trustee), were the...
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  • justbroke
    replied to Losing Wealth Deadly
    Bankruptcy is something that most of us don't plan to file. I'm in the category of people that did no planning, and up until 2 weeks before filing, never even considered or even thought about bankruptcy. It was only when I was looking at foreclosure defense, that I saw the opportunities for bankruptcy....
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  • The Trustees care most about you actually making the payment. Making it on the due date is fine. In fact, if you ask to have the payments automatically scheduled through the Trustee, then TFS only takes out payments on the 2nd or the 17th of the month. For those that filed on say the 13th, and they...
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  • justbroke
    replied to Losing Wealth Deadly
    I'm talking about both as well. I meant that escalating medical bills bills are one pre-filing cause of bankruptcy, but I also mean that they can be just as devastating afterwards. My Chapter 13 Rant was all about the unexpected, and escalating medical bills, despite me not mentioning them in the rant,...
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    Last edited by justbroke; 04-09-2018, 12:13 PM.

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  • justbroke
    replied to Us trustee subpoena
    No one can tell you whether the US Trustee (UST) inquiry will lead to a motion to dismiss. No one. The UST is doing their exact job. That is to maintain the integrity of the bankruptcy program and to prevent those that can afford to provide "some" dividend to their creditors, from receiving...
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  • The certificate of competition gets filed, along with a form certifying the completion, with the court... not the Trustee. Reach out to your attorney.
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  • Worse case scenario is that certain debts are determined to be non-dischageable, and you will be responsible for paying them. Best case scenario... everything is dischargeable and is discharged (you don't have to pay).

    Since your case is so specific and there is an element of fraud, it's...
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