Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Still waiting for an answer from the BK Court!!!!!

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  • Still waiting for an answer from the BK Court!!!!!

    A little history...We are on 100% payback. My car was totaled back in May when I hit a deer with my car and it took 3 weeks for the insurance company to total the car out. We then notified my attorney of the insurance companies decision and requested that we get another car. He said we would need to "pick" out the car we wanted and let him know. We found a used minivan from an individual that agreed to hold it for a few weeks while we petitioned the court. (He has since traded it off for a VW Bug.) We petitioned the court to withdraw money from our personal IRA to pay for the cost of the car. We also filed an extension on our taxes back in April and included the amount owed to the IRS and KY revenue in this. We gave all of this to our attorney on June 27. It was filed with our attorney the following week. We have heard nothing. I have called my attorney about every other week, and we are still waiting. Does it normally take so damn long to get things like this done?

    We only have one vehicle right now. It is a 1992 Chevy Caprice with over 300,000 miles, but only 100,000 on the motor! God forbid it die, and then we would have nothing. My husband works at a nuclear facility and I can't drive up to the doors and drop him off. We are borrowing a truck from my parents just so I can run errands and take my daughter to her Occupational Therapy. She is special needs and needs these services. We also live some 18 miles from the nearest town in a very rural area. My daughter starts pre-school next week and I will have to drive her 8 miles one-way to school. I would put her on the bus, but because of her special needs, she freaks out with loud noises. I am to the point where I am ready to just withdraw the money and deal with it later.

    Anybody else going through this?

  • #2
    Please contact your lawyer immediately and get an update about your request's status. The bk court moves at its own often slow pace, but a month of 'nothing' waiting for a routine request like this one to be approved is a bit slow even for a slow trustee.

    Stay on your lawyer to keep pushing this forward. You should be contacting him/her at least once a week for an update until this request is answered by your trustee. Use your little girl's medical issues to drive this forward more quickly by having her physician write a letter to your lawyer and trustee about the need for reliable transportation due to her chronic medical problems.

    Hopefully you'll have good news from your trustee soon.
    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


    • #3
      You need permission to incur debt during a Chapter 13. You do not need permission to liquidate an asset that you already own, like an IRA or 401K. Just take a distribution from your IRA and go buy a vehicle.


      • #4
        Originally posted by kornellred View Post
        You need permission to incur debt during a Chapter 13. You do not need permission to liquidate an asset that you already own, like an IRA or 401K. Just take a distribution from your IRA and go buy a vehicle.
        You would actually be turning an exempt asset in to a non-exempt one. The court could demand the funds be turned over for unsecured creditors if done without permission.
        Also, do not forget about the taxes that will be due on the money that is withdrawn.
        Filed CH13 - 06/2009
        Confirmed - 01/2010


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