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    New to this forum. In my 4th year of chapter 13. Decided to join just for the Extra support from
    others and questions I have.

    #2
    Welcome to BKForum. Looks like you're doing well enough to still be in your Chapter 13. Feel free to open up any new conversation (thread), ask questions, or help others.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.

    Comment


      #3
      Welcome kvick, you're smarter than me; I didn't find this place until my 61st payment was made (one extra payment so I could hand over most of a large tax return). Any burning questions on your mind right now?
      Latent car nut.

      Comment


        #4
        Welcome kvick . Definitely a great place to get questions answered, as well as provide answers based on your knowledge and experience. I was a guest of the site for many months researching before I created an account and joined. Congrats on your success so far. I'm only 7 months into 60.

        Comment


          #5
          kvick - Welcome😊. Congratulations for getting close to the end of your plan. Ask for help or share your story..we’ve all been there and want people to succeed.
          Filed Chapter 13 - 07/20/12
          Discharged 8/2/16

          Comment


            #6
            I will basically just admit I got in over my head. I was making a ton of money from bonuses from my job and thought I could handle the debt I was piling up. The following year, my bonuses at work came to a screeching halt when they restructured our program. I did not qualify to file for chapter 7 due to my income from the prior year... thanks to such high bonuses. Therefore I filed a 13! I am so ready to be finished. December 2021 cannot come soon enough. I definitely learned my lesson on racking up meaningless debt. This has been quite the disciplined journey!

            Comment


              #7
              I was actually looking up advice through google about taking out loans from 401k while still active in my repayment plan. My 12 year old is needing braces and the cost is about $5k. I myself, also need some expensive dental work as well. I have never requested any type of loan, or anything for that matter and I am 45 payments in. I’ve just simply made payments with no issues. My trustee is not nice. He is in fact extremely petty, rude and he has no children so he doesn’t understand why this issue is pressing. He denied my request. He told me to wait until my bk discharges next year. He also said that the cost was too expensive. I’m sorry but I don’t decide the cost 🤦🏼‍♀️. My attorney assures me that we can get it approved. We will be submitting another request with specific reasoning on why we need to do it now. If it is denied again, my attorney says he will request a motion to have it decided by a judge, who he is sure will approve my request. This is a dental request, not a lavish vacation. I honestly have read several times that I could have even processed my loan without disclosing to my trustee because there really isn’t even a way he could find out. I was just trying to do the right thing. Any advice and feedback is much welcomed.

              Comment


                #8
                The only thing to do, kvick is to follow the process. Despite anecdotal evidence, Chapter 13 Trustee objections are overridden by the judge often. While I was pro se, it may have made more sense to always have the judge approve, but my Trustee routinely just filed motions and we had a hearing. We usually worked it out prior to the case being called and the judge was impressed that they didn't need to render a decision. Sometimes being in the court-room and face to face made all the difference!

                The Chapter 13 Trustees, at least in big districts, can have 3-4 staff attorneys; mine did. I was of course assigned to a staff attorney that disagreed with me, but before the hearing, we were chatting and the Trustee was sitting next to her and listening to me. The Trustee piped in and I looked in the trustee's direction and said "blah blah blah, and blah blah blah" and the trustee looked at the staff attorney and said "yeah, that's fine" and that was that! My motion was granted.

                It is sometimes difficult to put stuff down on paper in the right words, but being there with them in a pre-hearing meeting worked out best. Your attorney is probably confident because these are ordinary medical expenses where the trustee takes the hard-line and forces every case to go before the judge. It allows the trustee to maintain the hard-line, while conceding in the courtroom -- or even before the hearing.

                It reads as though your attorney knows this will go to a hearing and is confident. Seems par for the course.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                I am not an attorney. Any advice provided is not legal advice.

                Comment


                  #9
                  Thanks so much for your response! This is the first time I’ve had to ask for any sort of permission to do anything like this. It is frustrating to have someone tell you that you can’t take care of things for your children that are necessary.

                  My attorney is wonderful. Caring. Non judgmental. And very thorough. The trustee denying my request severely pissed him off. So much so, he accused the trustee of simply just “trying to make him work, knowing how much he already has on his plate.” He seems to think our second request directly to the trustee with all my reasonings outlined, plus a letter from the dentist on why we need this done NOW, will be granted. He says that the judge is compassionate and will be irritated if the trustee lets this minuscule thing make it to court to waste everyone’s time. I will keep you posted!

                  Comment


                    #10
                    I agree. In the end it's all about wasting time of the court, attorneys and debtors. I had one such incident with a creditor's attorney that literally wasted everyone's time with 2 hearings. It made absolutely no sense, but... I think just wanted me to "work, knowing how much [I] already has on [my] plate." It's seems counterproductive and irresponsible; but it happens.
                    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                    Status: (Auto) Discharged and Closed! 5/10
                    Visit My BKForum Blog: justbroke's Blog

                    I am not an attorney. Any advice provided is not legal advice.

                    Comment


                      #11
                      kvick Welcome to the forum and congrats on year 4! Next month my husband and I will hit the halfway mark 2.5 yrs. It is very frustrating not to be able to take care of things that need to be taken care of, I need dental work we can't afford it. We are also putting off a car repair which we really should not, but don't have the money. That's gripe while Chapter 13 gives us a second start it does not take into account inflation or medical/home or care repairs. Even the amount we have budgeted won't cover two cars or a house repair.

                      Oh well, we just keep on keeping on for 5 yrs. It sounds like your attorney knows what to do and in this case it's a source of frustration and PIA that you don't need. Try not to worry much about it because what many of us have found is that we worry more than we need to and if the attorney feels it will work it, it most likely will.

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