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    New here with some questions

    We are meeting with an attorney tomorrow, dh and I have decided to file ch 7. We do meet the req's under the new law, w/o a doubt.
    My questions are this:
    In 1997 Social Security mistakenly over-paid me, I was getting SSI because my father was injured. I turned 18 that year, but continued getting payments because I was in school. Then got over paid because I didn't have enough school hours. Anyhow-should I still file on that? Does the limit on collection time still apply to SSA?
    Dh and I have to borrow money from his mother in order to file, will this be a problem? If yes, would it be a problem if he sold them his tools in exchange for the $$?
    Dh gets direct deposit from work for his pay. He works 3rds and this is really the most convinient way for us. Will that be a problem?
    We write checks to a few of our monthly debts-lot rent, auto insurance, storage unit. We use our debit card to pay our phone, cell phone and CC bills. So we need the $$ in the bank. Should we be using MO's instead?
    Dh bought a truck this past January. He's upside down in the loan to the bank. Anyhow, can the bank make us re-affirm the debt and charge a higher rate after the bk is discharged? I know w/ the current laws, we cannot discharge it at all.

    Thanks!
    M&L From Michigan

    #2
    Regarding the vehicle-if you wish to give it up, you can do so under the new laws. What you can't do is 'cram down' so you only repay what its worth rather than what you owe. If you wish to keep it, you would have to reaffirm (part of the law) and I think its typical for the lender to keep the same terms. Don't know if they could/would change them though.

    No clue on the SSA overpayment/debt. That is probably something best for an attorney-its a question that doesn't come up often I imagine.

    If you get $$ from relatives to pay the attorney that should not be an issue. What would be a problem is trying to pay them back anytime soon. (Preferential payment, the trustee could take the $$ from them to repay other creditors.)

    Regarding the $$ in your checking account, keep in mind that whatever you have at the time you file-in checking account or in cash-is part of your BK estate. If you can't exempt extra $$ on hand, then you'll want to file after the majority of your bills are paid.
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

    Comment


      #3
      My wife gets paid every two weeks. She uses direct deposit. We stopped it 2 pay periods before we filed and used m.o.'s to pay bills. Post Office is the cheapest place to get them.
      When we filed. I asked our atty. and they said we could go back to using our checking accts. in the normal way, that our fresh start had begun.
      You are responsible to report the amount in your checking acct. on the day you file plus any cash you have on hand. We were able to time our filing so that we had just paid some big bills by m.o. (be sure to keep receipts) and it was the day before my wife got paid. I get paid monthly, so we used my check for bills and used her second check some for bills and mostly for living expenses for the rest of the month. (We filed on Thurs. 10/13)
      You do not want to lie, but you can use timing to your advantage. Some have filed with money in the bank and marked for paying bills. I just didn't want to trust to that. Best wishes, Art

      Comment


        #4
        P.S. If you are including a cc or loan from the bank or credit union you use for checking, be careful...they may freeze the acct. Better to open a checking acct. somewhere else first. Art

        Comment


          #5
          art, wal mart has them for 36 cents.

          if this message has helped save you money in any way then consider sending me a percentage of the savings
          Im not an attorney or a trustee. You cant trust me either though!

          [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
          [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
          [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
          [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

          Comment


            #6
            USPS Domestic Money Orders

            Fees:

            $0.01 to $500.00 .................$0.90
            $500.01 to $1,000.00 ...........$1.25


            oh yeah baby! you owe me big time! hehe
            Im not an attorney or a trustee. You cant trust me either though!

            [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
            [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
            [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
            [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

            Comment


              #7
              Writing checks costs nothing. That's even cheaper!

              Comment


                #8
                thats a terrible idea and very poor advice.

                the person is in bankruptcy and all professionals recommend not using your bank account.
                Im not an attorney or a trustee. You cant trust me either though!

                [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
                [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
                [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
                [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

                Comment


                  #9
                  Well, obviously I'd recommend not filing for bankruptcy then.

                  Comment


                    #10
                    the pserson asking for help stated that they already filed bankruptcy. reading the posts slower might help avoid giving bad advice.
                    Im not an attorney or a trustee. You cant trust me either though!

                    [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
                    [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
                    [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
                    [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

                    Comment


                      #11
                      Originally posted by bkfiler
                      USPS Domestic Money Orders

                      Fees:

                      $0.01 to $500.00 .................$0.90
                      $500.01 to $1,000.00 ...........$1.25


                      oh yeah baby! you owe me big time! hehe
                      I'm not even talking to you! You already owe me a beer and a buggy ride. Guess that you are just one of those deadbeats who will declare Bk and leve me high, dry, thirsty and sober. Oh well, If I'm sober, at least I won't need the buggy ride as a designated driver.
                      Thanks for the advice re: WalMart. I just thought of the convenience stores wanting $3 or so. Art

                      Comment


                        #12
                        QUESTION:

                        can i amend my bk to add new debts?

                        on which schedule would i put beer and buggy ride?

                        if i put a pointer on my bk case to someone elses bk case would the trustees have a nightmare trying to figure out whos really owes the debt to whom and its dischargability?

                        does that person have to list it as a money owed onm their bk form?

                        can i get a whistleblower reward for turning art in for not listing these items and answering untruthly when ask "Does anyone owe you anything?"

                        if i can then do i have to amend my forms again once i get the reward?
                        Im not an attorney or a trustee. You cant trust me either though!

                        [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
                        [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
                        [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
                        [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

                        Comment


                          #13
                          "Guess that you are just one of those deadbeats who will declare Bk..."

                          deadbeat?

                          now aint that the pot calling the kettle black if i ever saw one!
                          Im not an attorney or a trustee. You cant trust me either though!

                          [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
                          [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
                          [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
                          [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

                          Comment

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