Pacer

[nomore008]

Ok, we filed chapter 7 on 9/17, today was my first look at Pacer. At first I didn't want to look and was afraid of running up a lot of charges. However, I was brave and I found out that the Bk Administrator has determined there is no presumption of abuse in our case.

Hopefully no cc objects. I did have to use one right before we filed (in August) to renew my license and credentials to keep working.

Not sure wht the mortgage comapany is doing at this point; we asked for a modification several months ago, didn't hear anything, so when we filed we stated that we will be surrendering the house.

I do have a question, my in laws want to pay off a car that still has payments due. The plan was to surrender it because when we have to start paying rent we cannot afford to make car payment too. The othe car is paid off.
Both cars are safe under exemptions. Can the court make us surrender it. Do I have to get permission from the court for them to pay it off?

Thanks for the advice.

[AngelinaCatHub]

Important one first. Have them stall the payment of the car until you get your discharge. Don't muddy the water. A gift is income and increased your assets. If you wish them to pay anything now for you, have them pay off that cc payment you had to make. That use is kinda a no, no. Any new debt what-so-ever needs permissions from your Trustee. Yes it is loosely enforced, but you are too close to muddle with the fuddle. Be safe at this point. Don't do what we did, every mistake ever documented, and got through all of it due to our apparent ignorance showed through. Now we be smurt. Don't mess. 'Hub

[tcreegan]

Hi nomore008,

Both cars are safe under exemptions. Can the court make us surrender it. Do I have to get permission from the court for them to pay it off?

short answer: No

but...that also means No to using the payment as an expense on sched. J

and...when you say safe under exemptions, does that mean the paid-off value of the vehicle plus the other paid-off vehicle?

Just some thoughts,

Tom in Colo

ps: nice in-laws !!

[nomore008]

Hi nomore008,

Both cars are safe under exemptions. Can the court make us surrender it. Do I have to get permission from the court for them to pay it off?

short answer: No

but...that also means No to using the payment as an expense on sched. J

and...when you say safe under exemptions, does that mean the paid-off value of the vehicle plus the other paid-off vehicle?

Just some thoughts,

Tom in Colo

ps: nice in-laws !!

I see, we did use the cars as expenses. And the medium value of the cars was used by the "courts". And they are exempt. Now I see that I will have to wait till discharge or close to have it paid off.

Yes, In laws have been very nice.

As for new debt, my husband was just in the hospital for 3 days (less than a week after we filed!). Do I need to notify the courts or my attorney? He now has to have home health also.

[tcreegan]

Hi again nomore008,

I see, we did use the cars as expenses.
The operating expense is still there, only the debt payment expense would go away.

Now I see that I will have to wait till discharge or close to have it paid off.
Good idea!

As for new debt, my husband was just in the hospital for 3 days (less than a week after we filed!). Do I need to notify the courts or my attorney? He now has to have home health also.

When it rains it pours, notify your attorney and let him/her take care of it, you have your hands full!

Hope your husband gets better soon...

Tom in Colo