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Filed. Awaiting discharge.

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  • Filed. Awaiting discharge.

    Yeah I know, lotsa steps and hoops to jump through first But, the calls stopped. I might get a full disability check this month. I might be able to breathe easier in a few more months. And the liability from a car accident I did not cause will soon no longer be sitting over my head like a giant guillotine waiting to fall, as soon as I start to get ahead again.

  • #2
    Congratulations on jumping through the highest hoop! May it be smooth sailing from here.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


    • #3
      Thanks for the Congrats.

      Using this thread to document my experience.

      So, filing did not prevent the next LTD garnishment, but the lawyer says he is working on it. Also didn't get the full paperwork filed on the due date but got an extension. I'll be ready to send in my paperwork before the next due date if the lawyer can't. Here's hoping acts get together and stuff gets done. I have a 341 meeting in 22 days.

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      • #4
        Originally posted by Maria80386 View Post
        Yeah I know, lotsa steps and hoops to jump through first But, the calls stopped. I might get a full disability check this month. I might be able to breathe easier in a few more months. And the liability from a car accident I did not cause will soon no longer be sitting over my head like a giant guillotine waiting to fall, as soon as I start to get ahead again.
        That is not SS disability is it? I have that and they are not stopping collections...

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        • #5
          Disability is Long Term Disability courtesy of the company I work for. And they garnished after the stay, too. Also, the voluntary repo car credit union retained a legal team who want the judge to lift the automatic stay.

          The 341 is now in one week. After calling the lawyer all day, he finally sent the corrected paperwork and after another series of calls, got the income corrected. Because income was corrected, I didn't have to do the full means test. But, it didn't get filed as a non-consumer case either. Further. There were tons of typos and I learned there is a credit reporting company out that keeps things older than ten years, two of them, actually. They'll find a few certified FCRA letters from me. If my town in 3rd grade is being used to determine my access to anything, that needs to stop.

          i did get granted the first 341 of the day, so I can hop on a plane immediately afterwards to fly cross-country.

          Work wants me back! It'll be a $40,000 less per year position, not even my real job, but it gives me the chance to get my head back in the game, practice a bit, and maybe get back the position that I had to leave. It'll help the student loan battle and hurt it, except returning to work gets me less net take-home pay along with higher expenses.

          And the 60 day deadlines will pass without my fretting over them, as I'll be too busy with work. Work plans on me starting part-time. I'm planning on going to bed immediately after getting "home" from work. I'll have 3-5 roommates, all of whom understand I'll be nothing for awhile.

          Some folks mentioned starting their credit cleanup now. I am, first by getting a credit card after the 341, then having the bureaus report correctly.

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          • #6
            So three days before the 341, two creditors (both had car plus credit card) have filed to appear. I’ve already surrendered one and plan to keep the other. Three creditors continue to send payment due notices in violation of the stay. Two of those are secured creditors and both can have their property back so long as they pay return shipping.

            I’ve also opened a share secured loan with NFCU. They assure me it will be reporting on credit histories shortly. It’ll report as 8% utilization with 59 months remaining, paying $2 a month. Once discharged, I’ll use the loan proceeds to open a secured graduating credit card with them along with a third cc somewhere.

            Then everything will sit, automatically paid for a year or so. I’m trying to use “You need a budget” process to start planning for emergencies. If it’s a medical issue, I’ll need at least $20,000 for a surgery plus a year’s living expenses. Maybe I can save that much in a year. (Falls to floor laughing hysterically - oh I do crack myself up)

            Comment


            • #7
              Joined 60 Day Club. No creditors showed for the five of us. One lawyer didn’t show, thus that couple looked very sick and worried.

              Some lawyers had large stacks of paperwork, mine had my file on an ipad.

              I was second to last. I was asked many more questions than the others about my books, website, two jerks that owe me money-one’s a convicted drug runner, the large cash withdrawals immediately prior to filing (medical & lawyer), and the other unusual items about my case. Specifically the trustee wanted to know if I was paying current or old medical debts, moved one when I help up the recent incision scar and commented on the recent surgeries.

              So, glad I did have a lawyer not so much for the 341, but for the student loan case starting soon.

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              • #8
                Originally posted by Maria80386 View Post
                So three days before the 341, two creditors (both had car plus credit card) have filed to appear. I’ve already surrendered one and plan to keep the other. Three creditors continue to send payment due notices in violation of the stay. Two of those are secured creditors and both can have their property back so long as they pay return shipping.

                I’ve also opened a share secured loan with NFCU. They assure me it will be reporting on credit histories shortly. It’ll report as 8% utilization with 59 months remaining, paying $2 a month. Once discharged, I’ll use the loan proceeds to open a secured graduating credit card with them along with a third cc somewhere.

                Then everything will sit, automatically paid for a year or so. I’m trying to use “You need a budget” process to start planning for emergencies. If it’s a medical issue, I’ll need at least $20,000 for a surgery plus a year’s living expenses. Maybe I can save that much in a year. (Falls to floor laughing hysterically - oh I do crack myself up)
                I was reading somewhere that judges have granted creditors to send out "informative" letters. One of those things that makes me think the system is silly.

                I had a college debt from forever ago. Well, I had no idea about it. Apparently my school aid was retracted by the feds for not finishing the semester due to my disability, and the school is demanding re-payment. Or so they say. They found out where I live, becasue of the bankruptcy. The letter, very rude and "demanding" many things. Saying I "should be ashamed at how I treat my parents and society" and said that "All educational debt is void from bankruptcy as per US Law!!!!" and proceeded to quote the laws wrong. I told them they are not supposed to demand payment from me in bankruptcy. I also told them that educational debt can certainly be discharged. Only FEDERAL educational debt cannot be automatically discharged, unless one goes through the Adverse Proceeding. But it is not hard, and assuming you qualify, the debt is cleared (My debt was discharged due to disability, prior to bankruptcy). Funny, they contacted me back and said "We changed your balance to zero". Ha ha.

                My parents are also dead. They should be ashamed.

                Comment


                • #9
                  So I returned to work expecting the car I had stored on the job site and my temporary housing supplies would be ready.

                  They were, for the garbage dump.

                  total loss, inside and out.

                  My baby's too sick to recover, insurance won't even auction it as it's too damaged.

                  everything inside goes right into incinerator. My clothes, towels, pillows, blankets, appliances, company stuff, everything.

                  Sure, I had insurance, but the hassle of replacing needed items, all out of pocket for now, when I really don't have the pocket to drain. Give insurance inventory and estimated replacement pricing....

                  And then to find a replacement vehicle, everything for sale is triple plus what I exempted, as the one leak woulda taken some dollars to repair, and as soon as I'd saved up enough, I was going to repair it. Is the trustee now going to claim the insurance proceeds are the estate's? Or the insurance going to claim stated bankruptcy stated value is all it's worth?

                  And I just got rid of a lemon, with double the miles, do I now try to save it for it's low car payment but astronomical repair expenses?

                  if didn't need a car on this side of the country, I'd take the money and put it to the financed car.

                  now, I don't know what to do. Finding a reliable junker that is still pickup truck or solid SUV is tough. It needs to be reliable or I get fired. I work graveyard, so public transportation doesn't exist nor does ride-shares or taxis, even the drunks are in bed or jail by time I get off duty. Then I need to modify the car to meet my disability needs, which I'll have to pay for a rental out of pocket. I wouldn't mind a small sedan except for the injuries and ICU time I'll sustain the next time someone slams into me, and I haul too much for a compact or crossover.

                  At least insurance gives a minimum seven days rental so I'll at least have a week to make a decision. For now, sleep and a long hot shower in the morning.

                  Comment


                  • #10
                    Sorry for your predicament. As to the insurance proceeds talk to your attny but under ARS 33-1126(A)(5) "All money arising from any claim for the destruction of, or damage to, exempt property and all proceeds or benefits of any kind arising from fire or other insurance on any property exempt under this article" is exempt.

                    Des.

                    Comment


                    • #11
                      Insurance payment was exempt. Whew. Finding another vehicle, ugh!

                      60 day club ended. No objections. Waiting for redemption, student loan filing, and discharge.

                      Started YNAB, “You Need a Budget”, essentially a zero-dollar envelope budgeting system. Been trying to do this for years. Trying again, much easier when 1/2 the income is not going to medical bills. Maybe next time I’ll have a reserve ready, able to pay for a few $30,000 surgeries out-of-pocket. If not, well, now I know to put all of my savings into retirement, then take out as needed after the next filing in ten years, or. . . well, hopefully the surgeries receede and finances continue to improve.

                      Overall, I’m glad I had a lawyer do it as I simply would not have had the tie with a return to work. I could have stayed out, but that would have driven me nuts. I don’t idle well. So, fwiw, nothing to kill oneself over, although at times it can certainly feel like it.

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