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100K limit? myth or real

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    #61
    Originally posted by Cali View Post
    Everything changed once we went from a nice 6 figure combined income to just 1 income.
    That's kinda what happened to us. My SO got really sick, had to shut down my business because the economy went to hell and here we are.

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      #62
      We were making almost mid 6 figures. My job went overseas and I didn't want to go with it because of my DH job and our kids.

      Originally posted by Debster222 View Post
      That's kinda what happened to us. My SO got really sick, had to shut down my business because the economy went to hell and here we are.

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        #63
        Originally posted by Help! View Post
        It is very important to get copies of any missing CC statements BEFORE you file. We were missing a couple and the CC companies (especially Chase) refused to issue copies. B of A told us they would mail them, then didn't. I'm sure they "got lost in the mail".
        Help!, I know you're already discharged so this won't help you much, but the trustee can also request information from your bank, cc cos., etc. (Mine had me sign a release so that he could do just that.)

        If you have tried to get cc statements from the creditor and are refused or just ignored, you can write a letter (or email, if he allows) to your trustee stating who you contacted and when, and that they were uncompliant. The trustee can then go after the statements himself, if he wishes.

        In the end, you can't get blood out of a turnip... but if you can prove you tried, that's half the battle.
        Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

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          #64
          Originally posted by FreshLikeADaisy View Post
          Help!, I know you're already discharged so this won't help you much, but the trustee can also request information from your bank, cc cos., etc. (Mine had me sign a release so that he could do just that.)

          If you have tried to get cc statements from the creditor and are refused or just ignored, you can write a letter (or email, if he allows) to your trustee stating who you contacted and when, and that they were uncompliant. The trustee can then go after the statements himself, if he wishes.

          In the end, you can't get blood out of a turnip... but if you can prove you tried, that's half the battle.
          Thanks FLAD - that's exactly what I did. The trustee's assistant said that even when the trustee requests statements they sometimes have a hard time getting them (especially when preferential payments are involved). The cc companies tell the trustees that it would be a violation of the account holder's privacy (ha!).

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            #65
            We were actually under 100K in debt and our attorney was worried about it.
            He asked us one question as a test: How did you expect to repay this?
            I guess my answer was good enough because he responded with 'perfect'.

            The trustee never even asked us why we had so much debt.
            5/29 Filed 7~ 341-on 6/24
            8/27-DISCHARGED
            11/2 - CLOSED
            EQ-604 EX-605 TU-560 ~4.5 months after discharge

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              #66
              Originally posted by momof5 View Post
              We were actually under 100K in debt and our attorney was worried about it.
              He asked us one question as a test: How did you expect to repay this?
              I guess my answer was good enough because he responded with 'perfect'.

              The trustee never even asked us why we had so much debt.
              So what was the "perfect" answer, if you dont mind me asking?
              Not only am I not a lawyer, the California BAR association has sent me numerous letters telling me not to even THINK about going to law school. In fact, the lay advice I provide is not even good. In the end remember, you get what you pay for, and here in BK land were not the best at paying.

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                #67
                no kidding what is the perfect answer?

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                  #68
                  I have receipts from every CC purchase from the beginning of the year, and I put the past statements in an excel spreadsheet and added what the charge was for on every one of them. And, I put the charges in categories (utilities, clothing, personal care, etc.). Same with my bank statements.

                  Also, because we had VERY large cash advances in January and February to pay other cards, I showed where every dollar of those advances went on the bank /CC statements.

                  I'm thinking this is somewhat obsessive, but I was actually curious myself where all the money went..
                  "You can never get enough of what you don't need to make you happy."
                  6/16/08: Attorney approached lenders to surrender old home
                  8/26/08: Met w/attorney RE: filing BK
                  9/29/08: Filing Chapter 7

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                    #69
                    I want to know what that perfect answer was too. Pleeease.
                    Filed: 7/17/08
                    341 Meeting: 8/25/08
                    Last Day of Objections: 10/24/08
                    Discharged: 11/08

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                      #70
                      You know I had to do more work to file because my hubby was deployed. At first they wanted the POA, which I got before he left. It had to be one specifically stating I could file in his behalf. Then they wanted a copy of his orders, which I had to get him to scan and email me so I could print them and fax to attorney.

                      But the 10 days have past and I have 40 days to go.

                      Originally posted by Help! View Post
                      It seems awfully late in your case for the UST to appear. I'll bet they don't get involved in your case because of your husband's deployment. Congress did a lousy job of defining "special circumstances" rebutting abuse but military deployment was one specifically mentioned in 11 USC so I'd be surprised if the UST would file a presumed abuse statement. Their time is almost up anyway (10 day rule).

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                        #71

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