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despritfreya
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Last Activity: Today, 11:58 AM
Joined: 08-01-2010
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  • If this is a tax refund for tax year 2017 approximately 1/2 of the refund IS property of the bk estate - that portion covering January 1, 2017 through the date you filed. If there is an exemption that you can apply to the 2017 refund, use it.

    Des.
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  • We discussed this on the other forum. You report it to your attorney, use the funds to pay him and move on. This is not a big deal.

    As to your refund for 2017 the answer is. . .

    Your trustee will require you to supply a copy of the 2017 State and Federal returns. He will...
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  • Here is the law in the 9th Cir.:

    In re Hyman, 123 B.R. 342, 346 (9th Cir.BAP, 1991), aff’d In re Hyman, 967 F.2d 1316 (9th Cir. 1992)

    "C. Postpetition Appreciation of Assets With Non-Exempt Equity Accrues to the Benefit of the Estate

    Postpetition appreciation...
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  • There is ample case law that the accumulation of equity in property of the estate belongs to the estate. The most likely reality however, is that a good portion of that monthly payment over the past 10 months went to interest on the loan with a smaller portion going to principal. Typically, the increase...
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    Last edited by despritfreya; 07-04-2017, 09:25 AM. Reason: Removed question as to what state as earlier post indicates Georgia.

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  • Your attny is not pulling this out of his rear end. I trust that when all is said and done, assuming you keep the home, you are banking those payments as opposed to spending the funds on something else. If you get to keep the home you will need to bring those missed payments current.

    ...
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  • despritfreya
    replied to Advice
    Why would you think it would impact your discharge? Sounds like normal living expenses albeit some for non necessities. No one is going to question your lifestyle unless you are spending money like it's water. Stop worrying and welcome to the Forum.

    Des.
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  • despritfreya
    replied to Trustee or Voluntary Dismissal
    justbroke

    I wasn't following the thread you cited above but yes, the same thing. No need to change venue. Debtor just goes back for the 341 and then is done with it. I do not understand the reluctance of advising the client that converting is a darn good option (assuming client "qualifies")....
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  • despritfreya
    replied to Trustee or Voluntary Dismissal
    Your current residence has no impact on a converted case and you get the best of both worlds, 1 bankruptcy case number and you can include in the converted case any debt you incurred between the original filing date and the date of conversion (if any).

    Talk to the Chapter 13 attny.
    ...
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  • despritfreya
    replied to Trustee or Voluntary Dismissal
    My guess is that your current attorney does not want to be the one who converts the case since converting will eliminate any fees you may owe to him. Go back to this attorney and find out if you "qualify" for the conversion. The issue of "qualifying" may be specific to your district....
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  • despritfreya
    replied to Trustee or Voluntary Dismissal
    Why don't you simply convert your current case (assuming you "qualify" for such a conversion) and travel back to that state for the 341?

    Dismissing either by the Trustee or upon your own motion and then filing a new case, if not necessary, has at least the following two problems:...
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  • Unless you are in a 100% chapter 13 repayment plan, objecting to the claim, regardless of whether or not you have a valid objection, is a complete waste of time and energy. If the objection were to be sustained, your other creditors would get the amount that would otherwise have been paid to this creditor....
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