Announcement

Collapse
No announcement yet.

User Profile

Collapse

Profile Sidebar

Collapse
justbroke
justbroke
Super Moderator
Last Activity: Yesterday, 03:50 PM
Joined: 07-10-2008
  •  
  • Filter
  • Time
  • Show
  • Source
Clear All
new posts

  • That is the answer.

    I am thanking that despritfreya took the time to look up the old post, because I wouldn't have remembered about the non-exempt asset part....
    See more | Go to post

    Leave a comment:


  • justbroke
    replied to Filing Ch13 soon
    The attorneys are correct that your change in circumstances could affect a Chapter 7 filing.

    I wouldn't get to worried about the payment yet because there's a lot of math that goes into the Means Test and the calculations. Trying to calculate anything using the forms will drive you crazy....
    See more | Go to post

    Leave a comment:


  • It will remain an asset case until the Trustee files a report of no distribution or starts to "administer" some assets. The discharge was the prize! Hopefully your attorney will keep at the Trustee. Eventually, your attorney may file a motion to compel turnover to force the Trustee's hand....
    See more | Go to post

    Leave a comment:


  • justbroke
    replied to HELOC settlement question
    My personal analysis is that this is a risky proposition. The HELOC is likely in a better position now than they were 9-10 years ago (during the housing slump). Did USAA sell the HELOC?

    Your only option may be to refinance all the liens into one loan. If you are prepared to do that,...
    See more | Go to post

    Leave a comment:


  • Tax adjustments are the first things that Chapter 13 and the UST looks for when determining DMI. If you received a refund, then what you claimed as taxes on your paycheck does not represent your actual tax liability. Most debtor attorneys will take your refund -- or average refund -- divide by 12 and...
    See more | Go to post

    Leave a comment:


  • justbroke
    replied to 341 around the corner
    I am not sure. I only know that you can only have an HSA with a "high-deductible" healthcare plan. I think that high-deductible means a deductible of over $2,500 (or something like that), annually.
    See more | Go to post

    Leave a comment:


  • It would not damage them unless you run up their credit cards and/or don't pay when you promised to pay.
    See more | Go to post

    Leave a comment:


  • justbroke
    replied to 341 around the corner
    For a Chapter 13, I don't think they'll ask, but why are you using an HCSA and not an HSA? There's a difference between a Health Care Spending Account (HCSA) versus a Health Savings Account (HSA). I have a Fidelity HSA and it is protected and is investable....
    See more | Go to post

    Leave a comment:


  • You should still obtain your attorney or Trustee approval to obtain a secured credit card. I actually obtained a $5K secured card to cover my business travel expenses as well! That was very important for me, but I asked and made the case that it was necessary for business travel, which earned me money,...
    See more | Go to post

    Leave a comment:


  • You should never contact the Trustee yourself except in extreme emergencies (such as you can't contact your attorney). The Trustee's office should always send you back to your attorney (if you are represented).

    You're still waiting on the check, so the not being confirmed is not on your...
    See more | Go to post

    Leave a comment:


  • I don't think that anyone on this forum said to apply for credit cards right at, near, or around your 341 Meeting... especially in a Chapter 13. In most Chapter 13s, you need permission from the Chapter 13 Trustee to incur any debt. In some limited jurisdictions, the Trustee's allow credit capped at...
    See more | Go to post

    Leave a comment:


  • Maybe that's the problem... your attorney has never been in this situation. In this situation, it's probably always best to tell the Trustee. It's more a courtesy than anything else.

    I agree that your attorney just wants this to go away (be confirmed)!

    This would be procedural...
    See more | Go to post

    Leave a comment:


  • justbroke
    replied to 341 around the corner
    It should go smoothly as Chapter 13s 341 meetings are different than one for Chapter 7. The Trustee may ask if you are up to date with payments. The Trustee may or may not talk about your payment amount....
    See more | Go to post

    Leave a comment:


  • It's not easy to explain the mechanics of disposable monthly income (DMI) because every single case is different! The basic mechanics seem easy; take income, subtract allowed expenses, reach DMI. But it's not so simple and can quickly become complex. (There's a calculator at Legal Consumer which...
    See more | Go to post

    Leave a comment:


  • There are lienholder procedures and then there are the bankruptcy procedures. My long response was related to the bankruptcy procedures and not how the lienholder (lender) wants to deal with the check.

    I do not know why an attorney would not notify the Trustee of an insurance claim prior...
    See more | Go to post

    Leave a comment:


  • Yes, this is standard. The mortgage company, just as the Trustee and the bankruptcy court, wants the money to go to repairing the property itself. The repairs preserves the mortgage company's lien.

    (Short Answer) Since you are not confirmed, you are falling under the pre-confirmation...
    See more | Go to post

    Leave a comment:


  • This is an old question but it comes up often. Income that is exempt from process is not "exempt" from counting as income in the Means Test's calculation of current monthly income (CMI). Only three (3) sources of income are not "counted" for purposes of the CMI; income derived...
    See more | Go to post

    Leave a comment:


  • Yes, you'll have to notify the trustee and, more importantly, your attorney. You'll have to use the proceeds to make the repairs. The court can be force the creditor to endorse the check. These things happen while in Chapter 13s. I've witnessed several of these myself and it all looked like a regular...
    See more | Go to post

    Leave a comment:


  • justbroke
    replied to 341 around the corner
    If you read all the threads about 341 meetings about 95% of them are the standard questions. They are standard because they come from the United State's Trustee guidebook for Trustees! The Trustee will ask the many of the questions below and others are based on responses or the type of case (e.g....
    See more | Go to post

    Leave a comment:


  • justbroke
    replied to Pacer
    PACER is the actually the readonly-version of the Court's Case Management/Electronic Case Files (CM/ECF) system. Think of PACER (or CM/ECF) as the electronic docket... which it is. The federal court does not receive any budget for CM/ECF, so the costs come from usage. Mostly, debtor attorney for Chapter...
    See more | Go to post

    Leave a comment:

No activity results to display
Show More
Working...
X