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    hi everyone, i am new here and was wondering if someone could help me with a few ?`s. i filed ch.7 and was discharged in 12/05. my credit score is now 485, is there anything i can do to bring it up?

    also, my case was a asset case cause i had paid my mom back a loan she got in her name for me and the trustee wanted me to give him the amount paid to my mom back to him which is 2000.00, i have paid him 500.00 so far, but i am having a hard time coming up with the money to pay him, so when i received my discharge papers i was really suprised cause i didn`t think it would be discharged until he was paid that money. i have not heard anything from my attorney in like 6 weeks about a payment plan i was requesting. any advice will be greatly appreciated!!

    #2
    pay your bills on time. clean up your credit report to make sure everything listed is correct. and get a new credit card to start making payments toward a good credit history. search the forums for how to do this.

    the trustee doesnt get the money from you, he gets it from your mom. it then gets dispursed to the other creditors. your story doesnt make sense.

    if might just be the 'lighting' though.
    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


      #3
      Actually... The trustee could make an arrangement with the person who filed in order to leave the mom out of it.

      The discharge applies to your debts from prior to BK, it does not impact the requirement to pay the trustee for what you paid your mom as that was a payment to an insider. Your case will remain open until that is resolved.

      Its not uncommon to not hear from your attorney-as far as he is concerned, his job is done. Call the trustee.
      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


        #4
        well yeah he was trying to get it from my mom, but she is poorer than i am..lol
        i was going to be the one pay it back.

        Comment


          #5
          i did try to call the trustee to make payment arrangements and they said i had to go through my attorney and i did, but have not heard anything yet.

          Comment


            #6
            well keep trying. what ever they worked out will be known by them only.
            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
              I wondered if it's because the Trustee thought it looked like a fraudulent transfer of funds made shortly before filing BK??

              We thought about doing a cash out refi on our vehicle to get money to pay the attny, taxes, etc. Legitimate expenses. Max out the loan to value ratio so there'd be no equity there. The attny said we could do what we want but she wouldn't advise it. A cash out refi on the eve of BK could look like a fraudulent transfer to the Trustee.
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

              Comment


                #8
                he was discharged. no fraud was brought on him.
                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
                  For a payment to family/friends, the trustee looks back 1 year. Its hard to prove fraud if there are other plausible answers. Like, she didn't realize there was anything wrong with paying back her mom before filing bk. She may have paid it back long before deciding to file, and most people (I think) make a fair effort to pay back family-so that is not unreasonable.

                  It would be fraud if the payment was to protect or hide the money, and the trustee found it by looking over bank statements.
                  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


                    #10
                    heeh there you go again confusing that little thing called fraud.

                    fraud in bk terms for this contect doesnt mean you are sent to jail, convicted or punished. it just means that that transaction is going to be dealt with. no reason to talk about if the people are bad or not. transaction is either allowed or not allowed.
                    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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