top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Update - Gov't / military cc

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Update - Gov't / military cc

    Ok - hubby talked to my attorney to ask him about his gov't cc that will be activated for his use for a military trip he'll be doing to the middle east in about a month. Atty said to have miltiary send him a letter stating that this card will be used for business purposes and that everything he'll spend, he'll pay back using whatever he gets paid from them.
    This concerns me a bit. Trustee doesn't know my husband will be deploying. There is a potential of more income during this time. Will Trustee require us to give him any extra $? Per our previous call with atty, he said not to worry that the Trustee won't know - as long as we mail our payments (we would have to mail our payments since they won't be garnished b/c he won't be getting paid from his employer), we should be ok. Any thoughts?

    #2
    Originally posted by zoomzoom
    Ok - hubby talked to my attorney to ask him about his gov't cc that will be activated for his use for a military trip he'll be doing to the middle east in about a month. Atty said to have miltiary send him a letter stating that this card will be used for business purposes and that everything he'll spend, he'll pay back using whatever he gets paid from them.
    This concerns me a bit. Trustee doesn't know my husband will be deploying. There is a potential of more income during this time. Will Trustee require us to give him any extra $? Per our previous call with atty, he said not to worry that the Trustee won't know - as long as we mail our payments (we would have to mail our payments since they won't be garnished b/c he won't be getting paid from his employer), we should be ok. Any thoughts?
    ZoomZoom, I found this at http://www.bankrate.com/brm/news/pf/20060602a1.asp

    "Any service member currently on active duty can request a postponement of civil actions, including divorce and bankruptcy. This stay also applies to court-ordered judgments, wage attachments and garnishments.

    The service member's commanding officer needs to write a letter to the court and the plaintiff's attorney stating that he or she is unavailable due to military commitments. These postponements expire once you are discharged from active duty or within 90 days of termination of active duty."

    This entire article is well worth reading - it gives all kinds of advice about your and your husband's rights when he's active military on deployment during bankruptcy.

    My heart goes out to you to have to be worrying about this now. Our son is headed to Iraq next month for a year - I will be praying every day that they both will be ok and come back home to us safe and sound.
    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
      Thank you so much for that article! I will read it and show my husband to see if there is anything we can do! Thanks again for your help! I wish your son the best of luck in Iraq and I hope he has a safe return home!

      Comment


        #4
        Originally posted by lrprn
        ZoomZoom, I found this at http://www.bankrate.com/brm/news/pf/20060602a1.asp

        "Any service member currently on active duty can request a postponement of civil actions, including divorce and bankruptcy. This stay also applies to court-ordered judgments, wage attachments and garnishments.

        The service member's commanding officer needs to write a letter to the court and the plaintiff's attorney stating that he or she is unavailable due to military commitments. These postponements expire once you are discharged from active duty or within 90 days of termination of active duty."

        This entire article is well worth reading - it gives all kinds of advice about your and your husband's rights when he's active military on deployment during bankruptcy.

        My heart goes out to you to have to be worrying about this now. Our son is headed to Iraq next month for a year - I will be praying every day that they both will be ok and come back home to us safe and sound.
        You have no worried here, lrprn is right. There is a woman in my office and her husband is in Iraq. They can't touch you. You can even have your house interest rate reduced. If your huband is activated, tell your attorney. The law is designed for you NOT to have to worry about a BK and legal issue while your loved one is away.

        ZoomZoom and Lrprn, I wish your loved the best overseas. I pray for our men and women over there every day and support them and their cause 100%. If there is anything I can do or if they need anything to be sent to them, let me know. It would be an honor for me to do whatever I could.
        Date Filed: 12/19/2004
        341 Meeting: 2/8/2005
        Date Case Confirmed: 7/12/2005
        Closed on Refinance/Chapter 13 Buyout 8/23/06

        Comment


          #5
          Jman, you're the best!!! I"m sure we'll be alright. It's just that I'm just a nervous wreck! You know how it is. Hubby will be away, me alone with our 3 year old, no family in the state... alone for the Holiday's (can't travel, don't have any $ for that of course!)...
          My only concern was the gov't cc. I know it's not listed as one of our creditors, but it's a BoA where he gets the statements at home and the card's on his name. It's only activated when he's on a military trip and he's got to pay it with the money he earns. I just don't want to have any problems with the Trustee, you know! Anyways... This is so overwhelming... I appreciate everybody's advice and words of comfort.

          Comment


            #6
            Update: Hubby got a letter from his finance office at his military base. It basically is the letter of agreement which states that this card is to be used for business/military purposes. Atty said to keep it in case the Trustee requests it.

            Comment


              #7
              Originally posted by zoomzoom
              Update: Hubby got a letter from his finance office at his military base. It basically is the letter of agreement which states that this card is to be used for business/military purposes. Atty said to keep it in case the Trustee requests it.
              I can't see ANY trustee not allowing this. Who wants to be the Trustee that tried to screw a member of the military as he heads overseas??? Who wants that on their head....unless they are some left wing democrat whacko.
              Date Filed: 12/19/2004
              341 Meeting: 2/8/2005
              Date Case Confirmed: 7/12/2005
              Closed on Refinance/Chapter 13 Buyout 8/23/06

              Comment


                #8
                I'm with you on that one!

                Comment


                  #9
                  Originally posted by Jman30
                  I can't see ANY trustee not allowing this. Who wants to be the Trustee that tried to screw a member of the military as he heads overseas??? Who wants that on their head....unless they are some left wing democrat whacko.
                  Just to be fair, the trustee *could* be a right-wing republican whacko too who is "following the rules no matter what" . Regardless, 'whacko' is definitely the right word to use for screwing with a man about to be deployed to a war zone in any way.

                  Zoomzoom, in the unlikely event your trustee does try to take your husband's card or a creditor gets their head up where the moon don't shine , head right to the reporters on your local papers. Shame from the publicity alone may turn things around.

                  Thinking of you both and wishing you and your husband safety and peace of mind.
                  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


                    #10
                    lrprn - you're great! I hope there's no problems whatsoever. He is going to be in a war zone and it would be a shame on the Trustee to say or do anything. Not that he can't, I'm sure he can, but it would be a shame.

                    I have 10,000 things in my mind right now, you can imagine. I don't need an additional one, you know!

                    Comment

                    bottom Ad Widget

                    Collapse
                    Working...
                    X