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justbroke
justbroke
Super Moderator
Last Activity: Today, 08:17 PM
Joined: 07-10-2008
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  • That is not an unhelpful response.

    The only way for me to tell you what your payment would be, is to have all the data that your attorney put into the bankruptcy system (e.g., BestCase, or Bankrupter), and play with the numbers.

    The questions I asked you let me know what other...
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  • There is no way to tell. I don't see how anyone gets to 60% of gross income in a Chapter 13 unless the debtor has liquidation issues or serious arrears. Though I was making over 5 digits a month, my payment was 60% but that included my mortgage ($3,700/month), plus arrears, plus IRS priority debt, plus...
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  • justbroke
    replied to Irs
    Payroll taxes are what they call "trust fund" money. They are not dischargeable in a bankruptcy because 11 USC 523(a)(1) excepts from discharge debts under 11 USC 507(a)(8)(C). You guessed it, (a)(8)(C) is "a tax required to be collected or withheld and for which the debtor is liable...
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  • justbroke
    replied to ECMC - Student Loan - Question!
    You will still owe on the student loan less the $26,338 paid during the Chapter 13, less interest and costs. I think that's pretty cool to get it paid down that much (I'm guessing at least $22K of it). Some Trustees don't like to pay student loans since they go into deferment during the Chapter 13....
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  • justbroke
    replied to Greetings!
    Welcome to BKForum!
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  • justbroke
    replied to Outline for Rebuilding Credit
    There is no rhyme or reason as to how the American Express blacklist works. It is suggested to until 61 months after discharge since their system will show that date as possibly the last payment date. The only thing nice about the AMEX blacklist--if you can call it that--is you won't get dinged with...
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  • justbroke
    replied to new to the forum and have a question
    Welcome to BKForum.

    I do know that there is a district, and I'm unsure if it's Ohio but it is the midwest, that measures the plan duration from the confirmation date (not from filing date). If that's the case, then January may be accurate.

    You 100% need to contact your attorney...
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  • justbroke
    replied to Chapter 7 Asset Case
    So that means that you are at least 120 days to closing. I'm glad the "poke" was enough to get things moving along.
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  • justbroke
    replied to Chapter 7 Asset Case
    Don't worry about the closing. The discharge is the prize.The closing is an administrative task for the Trustee to be relieved of their duties. Now, when the Trustee and you settle on the amount to keep the home, then you just focus on getting the money to the Trustee. Even then, the Trustee has to...
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  • justbroke
    replied to Discharge comin
    Yes, any day now!
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  • justbroke
    replied to Ch.13
    I believe you could amend the Chapter 13 plan with a provision to surrender. The lender would need to liquidate and then modify their claim to be an unsecured claim. Have you talked to your attorney about this?
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  • justbroke
    replied to Chapter 7 Asset Case
    There are no defined timelines to close an asset case. I have read of some being open for 2 years to recover and liquidate property of the bankruptcy estate.

    You can always ask your attorney for status.

    Since you made an offer, I would push the attorney to see if the offer...
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  • justbroke
    replied to 2 days to go
    That would not hold up the discharge. The discharge comes unless the Trustee, UST, or some creditor files a motion challenging the discharge before the 60 days expires.

    I hope your discharge was issued yesterday!
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  • justbroke
    replied to Trustee Refund Check
    I dislike bank holds. I recently had a check that the bank said the same thing... likelihood that it wouldn't be honored. I guess it means checks from a particular party tend to bounce.
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  • I'm guessing that it is titled with an "and" between the names. You will need the opinion of an attorney in Florida. My absolutely guess, and that's all this is, would be that you each own it 100% and it may be protected for a different reason (e.g. tenancy by the entireties or TBE). It may...
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  • Personal items includes all property that is generally not a home or vehicle. It includes everything from clothing to fishing poles, hunting equipment, electronics, cameras, furniture. It is essentially everything except a home or vehicle. Personal property includes cash on hand and in banks.
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  • With the number so close, I might pay the $300-500 for a full appraisal.
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  • I'm unsure if a Trustee would allow that unless the child is in college and under the age of 26. It would probably be more justifiable if the child lived in your home and you paid his non-housing expenses. I just say this because my Trustee questioned that my 24-year old stepson was living at home and...
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  • justbroke
    replied to Lemonlaw lawsuit
    They probably told you that a Chapter 7 debtor is not entitled to dismiss a Chapter 7 case once it is filed. A redemption is a motion to the court to purchase the vehicle at current fair market value. If it's a lemon, you could still get a so-called redemption loan that would replace the lemon with...
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  • justbroke
    replied to Lemonlaw lawsuit
    A lawsuit is an asset of the bankruptcy estate. Whether or not you can protect the proceeds will depend on which exemptions you are entitled to. If your court has a Pro Bono/Pro Se clinic, I'd go there and ask one of the volunteer attorneys on how to amend. This could put you into an asset case. It...
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