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Avoid the pitfalls

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    Avoid the pitfalls

    Hello to all. My wife and I recently came out of Chapter 13 after 3 years (old rules). Hooray! And while I only came on this forum a few months ago, I would like to share a few things we have learned and a few thoughts I had on the forums I have been reading. This may take a few posts so I don't bore you all to death.

    1. Do not have anything to do with any debt reduction service, credit card help etc. They are all in cahoots with the credit cards, at best, and at worst they are scams. The best help you have is U. S. Bankruptcy law and a good lawyer.
    2. I would not attempt to file a BK on my own. Get a good lawyer. If you have to, hold off paying your bills until you have enough money to afford it. The adage" The person that represents himself has a fool for a client" is never truer than in Bankruptcy. My apologies to all who have done it and made it through, for almost everybody this is a bad idea.
    3. I am really sad when I see the posts of people showing their credit scores and the new credit they have obtained. It's your life, but man the biggest lesson we learned over these years has been you need very, very little credit in your life. A house, a reliable car, sure. But a good savings account is your best friend, not a credit card. And please, no replies that you are a business person and need your credit card for travel, etc. I traveled all over the country on a debit card. If you look around, they will accept them.
    4. The trustee is no friend of yours, nor is their staff. They are there for two reasons. One, to represent the credit card companies to make sure you are not going to cheat them out of one red cent, even though they have quite happily done that to you for years. The other is to collect your payments and distribute them to creditors. That's it. Your lawyer is your best friend in BK, if you get a good one.
    5. The meeting with creditors is not as bad as you think it is. Ours was held in a hearing room in the federal court house. Now, it was designed to make you feel bad for being a scum person filing bankruptcy. Everbody filing, about 40 people, were all in the room and had to testify in front of everybody. So there was a big embarrasement factor. But the questions were not hard, and the person taking the info was not rude. There were some filings of up to a million dollars in our bunch, but not one creditor in the bunch.

    I'll end it here, but I will be back. Good luck to all of you, especially the one filing under the new Chapter 13 law. It was damn hard before. Now it is worse.

    #2
    I am really sad when I see the posts of people showing their credit scores and the new credit they have obtained. It's your life, but man the biggest lesson we learned over these years has been you need very, very little credit in your life. A house, a reliable car, sure. But a good savings account is your best friend, not a credit card. And please, no replies that you are a business person and need your credit card for travel, etc. I traveled all over the country on a debit card. If you look around, they will accept them.
    I agree 100% with this statement. I will never get another credit card again. If I have dont' have the cash, then I don't buy it.
    sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

    Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

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      #3
      Very good insights and right on the money!

      Comment


        #4
        Enjoyed your comments. I too am nearing the end of 3 long years. Have about a month or two to go.

        Was there any adjustments you had to make after the completion of your 13?
        09/16/2004 - Filed Ch 13
        10/28/2004 - 341 Meeting - done
        12/16/2004 - Date Confirmed
        - Date Closed

        Comment


          #5
          Thanks for writing that. I too will be making my final payment next week (9/1/2007). It's been tough.

          I asked this question in another thread, but I will ask it here as well.

          How thorough was your Final Audit? Did the trustee go back and search diligently to see what happened to you financially during that 3 year period (divorce/inheritance/salary raises)? I have been so scared to say anything to my lawyer about any changes (staying under trustee radar). But at the same time, I never wanted to commit any type of fraud.

          Comment


            #6
            Thanks for sharing your hard-earned wisdom, smarternow. All of us who are currently still in Ch 13 (old and new law) salute you! Hope all of us will take your excellent teachings to heart!
            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


              #7
              answers to questions

              Well, I don't know if we will make any adjustments after completion, as it has only been a couple weeks. I don't really see a lot changing, other than a lot more money to put into savings and having some disposable income when things come up. One thing about 13, it is very hard, but you learn what you really need and what you only think you need.

              As to the Audit question, if you are under the old plan you don't need to worry about it. The audit is conducted on the trustee, to make sure the money went to the creditors in the right order and for the proper amount. It has nothing to do with the creditor. Under the new law, there is a final audit, but not on all creditors. I think it is like 1 in 100 or something like that. So don't worry, you're OK.

              Thanks for the kind words from everybody, and for you guys about to complete, congratulations! You did well!

              Comment


                #8
                Yup! Good advice.

                I do have a credit card, and I will get one more.

                Why??????

                For the credit score: however, I only charge what I will pay off that month-- in total.

                Period.

                For credit-- a car and a mortgage, only. The card stuff-- only what you have cash in the bank to pay. Period.

                Elf

                Comment


                  #9
                  I was checking into those credit help companies. Wow, another pitfall I avoided by reading here. Thank You!!!

                  Comment

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