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    A couple questions if somebody can spare a moment

    A couple questions if somebody can spare a moment. Do credit card companies go through their records to submit to the trustees? and If I went 100% payback in chapter 13 will the trustee be rough with the exemption/ asset phase? Any help would be deeply appreciated.

    #2
    Originally posted by greeatscott View Post
    Do credit card companies go through their records to submit to the trustees?
    No. The only reason a cc company ever gets involved in your filing is if they think they can prove you charged or took cash advances from them knowing you had no intention of ever paying it back. Frankly, that's very hard for a cc company to prove, especially if you've had no charges or advances for 90 days before filing.

    and If I went 100% payback in chapter 13 will the trustee be rough with the exemption/ asset phase?
    What decides if you go 100% payback is how your disposable income figures come out on the Means Test and Schedules when you file. You don't decide that yourself.

    Are there exemptions or assets included in your filing that you think could be a problem for your trustee or creditors?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Hi, thanks for answering.
      I'm not sure, I just have alot of "stuff". I'm an amateur photographer so I have alot of camera equipment and a couple of scanners I really don't want to lose. I also used to be a musician. I guess I wouldn't mind parting with some of the gear, but some of it I've had for years. Do the trustees "come over and check out what you have in your home/apartment?

      Comment


        #4
        Not usually, but they could come around. I would suggest listing those things at their "fire sale" value. I don't know the market for used music gear, but I would guess you would have pretty good exemptions to cover it. And if you are using the photography gear to earn reportable money, there is an exemption for tools of the trade.

        Comment


          #5
          Originally posted by greeatscott View Post
          Hi, thanks for answering.
          I'm not sure, I just have alot of "stuff". I'm an amateur photographer so I have alot of camera equipment and a couple of scanners I really don't want to lose. I also used to be a musician. I guess I wouldn't mind parting with some of the gear, but some of it I've had for years.
          Value everything at what you could reasonably get for any piece of the equipment if you put it up for sale in the want ads or on eBay. I'm an amateur photographer also and had a lot of camera gear too. When adding it all into our household contents, we still came in under what's allowed in our state.

          Do the trustees "come over and check out what you have in your home/apartment?
          The chances of your trustee coming over to your house is about the same as a meteor hitting your house tomorrow. Could it happen? Yes. Will it happen? If you're a betting person, odds are 99.99% it won't happen.

          Trustees only have the sheriff check your assets inside your home if there's a strong suspicion you are hiding valuable physical assets such as art, furs, jewelry, cars, etc. that are not declared on your forms when you file. If you aren't hiding anything, then the trustee isn't going to be coming to your home - you can relax about that
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


            #6
            That's good to know, but with the trouble we are having with our adversay filing an AP against us, and then the finding of a mortgage assignment that both we and our attorney forgot to list, my husband has written to our Trustee inviting him to come out and examine our stuff. Probably not a real wise move, but occurred before we found this forum. Also our attorney is not very informative herself.
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

            Comment

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