As a Chapter 13, then it should drop off 7 years from the filing date. Technically it will fall off slightly earlier. See my post below for specific information.

https://www.bkforum.com/forum/after-...credit-bureaus...

Generally, the Trustee can wait as long as necessary for a "known" claim that arose before the bankruptcy. I would not count on the two year number, and I'd cooperate as much as necessary. I would say that the Trustee that knows that there are outstanding assets of the bankruptcy estate, will...

As Des writes, most creditors will only file claims. Most don't care about the 341 Meeting. You know who goes to 341 Meetings? Local credit unions and family/friends that hate your guts. Outside a local bank/credit union, only jealous friends, family, and business associates go to a 341 Meeting. True...

If you want to spend the money, at least do what Des wrote. Hire an attorney. Have the attorney preserve the time to extend the period to object to discharge. If that time has passed, then you are at the mercy of the UST. If the time hasn't passed, you file the extension, and the UST decides not to...

As Des wrote, it's better if the UST is doing the general denial. They have more resources and it's free for all the creditors. From a debtor's perspective, it doesn't matter. From a creditor's perspective, they have to think about spending $$$$$ for nothing. Each is a separate complaint so they would...

While we talk more about bankruptcy itself here, a domesticated judgment can be a problem. Florida judgments can last forever (renewed every 10 years).

I don't know your debt, your situation, or what you're trying to do. Bankruptcy could solve the problem. I say "could" because...

They have been moving to make it easier, not more difficult. In the past you'd have to prove that there was no way you'd "ever" be able to pay it back. Just having a "temporary" payment issue was not enough. A permanent and debilitating disability was usually indicative of an inability...

You won't like the answer, but it depends. A bankruptcy debtor could file a complaint to determine dischargeability and seek to have the "educational" debt discharged. They say it's a little easier today than it was a few years back, but suffice it to say that there must be evidence presented...

A student loan is just a general unsecured loan. They would be paid from the unsecured pool based on priority. Priority is generally unpaid taxes, but includes administrative fees such as Trustee and any attorney fees that are allowed.

The unsecured creditors are paid pro-rata based on...

As Des wrote, if the United States Trustee is already pursing a general denial of discharge, then why even do this. That's also an excellent suggestion to extend the deadline just in case.

You could ask during your consultation.

Many bankruptcy attorneys have represented a debtor in an adversary proceeding (AP). Please know that you will be paying $$$$ to retain a bankruptcy litigation attorney. I don't see it happening on contingency when you are the creditor of an ordinary...

Unfortunately, there is no way to tell how quickly or how severely a mortgage servicer (or lender) will respond to not paying the mortgage. Suffice it to say that being behind in mortgage payments and filing a Chapter 7 will likely put the lender on notice that they must take steps to protect the collateral...

I didn't use such a flowery word as sacrosanct... but I use "no touchie!" I appreciate the qualifying adjective, "allowed."...

I've read Siegel once before and, admittedly, not closely. Did I misread it or did SCOTUS say that the court can't touch the exemptions regardless... even though they (Law) tried to get around it by surcharging the exemption to pay a debt? (Not to hijack the thread at all... just curious.)

You want to make sure you are not trying to hide assets of the bankruptcy estate. Since it is joint you will need to disclose it. Whether or not it is completely exempt is a question of law and I can't answer that.

From your questions, you should pick out 3-5 attorneys that offer free consultations....

You can continue to make such contributions and the funds are generally protected (exempt). However, the contribution amount is not a valid expense in a Chapter 7. If you are relying on the 401(k) withholding to lower your disposable monthly income (DMI), most Chapter 7 Trustees will see right through...

You will hate this answer, but it depends.

If you're trying to protect a large amount of equity in a home (more than $128K), then Florida, Texas, Iowa, and Kansas. This is because these 4 States have an unlimited homestead exemption. It's why so many wealthy people make Florida their State...

I would say that any trustee, UST or panel, that sees bankruptcy fraud, would almost immediately refer it to the Department of Justice. There's no need to wait.

You're asking a lot of questions about fraud in bankruptcy. If you are truly having issues, speak with your bankruptcy attorney....

I don't know your true underlying question. If you're asking if exemptions can be denied... absolutely. When there is no basis for the exemption the panel trustee will object even in non-fraud cases. I don't think, however, that you can be denied an exemption simply due to bankruptcy fraud. Now if the...

Oh, people go to prison for bankruptcy fraud. Look no further than Real Housewives of New Jersey (I think it was New Jersey), Teresa Guidice and her husband. It happens.