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justbroke
justbroke
Super Moderator
Last Activity: Today, 03:24 PM
Joined: 07-10-2008
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  • For what it's worth, the government isn't involved. The Chapter 13 Trustees are regular people assigned as "trustees" over the estate while it's pending. The government -- the court -- is only there to protect you from the creditors.

    There's some government oversight through the...
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  • If your Chapter 13 is dismissed, then all parties are put back to the date before you filed. The creditors, however, can add the accrued interest plus any expense to the balance. That expense can be all the attorney fees they accrued from the bankruptcy (if provided for in your agreement).
    ...
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  • justbroke
    replied to Possible Sewer Line "Up Sell" Tactics
    Barbisi I think my post came across the wrong way. I was trying to say that it is the buyer's, not the seller's, choice to how extensive an inspection should be done. The saying is "caveat emptor" -- buyer beware, for a reason. My post was not to suggest that you're doing anything wrong, but...
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  • justbroke
    replied to Credit Builder Loans
    I hope it wasn't me that indicated that PenFed had a credit builder loan. I used a "share" savings loan from them. I think I had to call to get it done. I also had to tell them not to "mail" me a check and to just deposit it for me....
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  • I can't answer that question. You need to review this with a broker that understands those shares . Additionally, and I think this goes to the heart of your question, the bankruptcy may have affected shares "issued" before 5/15. It's a legal distinction that I can't answer.
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  • Toyota Financial Services, Ford Motor Credit Corp (FMCC), and just about every credit union requires a reaffirmation, redemption or surrender. The 11th circuit, just as the 9th, require redemption, reaffirmation or "return" (surrender) for any "personal" property (such as a car)....
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  • justbroke
    replied to Possible Sewer Line "Up Sell" Tactics
    Yes, you can absolutely sell a home "as-is", I would just never buy one as my personal residence.

    At least I wouldn't purchase an "as-is" (no inspection) home unless it was a foreclosure, short sale, estate sale, or literally a "fire" sale. Those types of purchases...
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  • justbroke
    replied to Question on co-signed student loan
    No, not the one in your dad's name since your dad is not a debtor in the bankruptcy.

    Yes, that makes sense. That is because it is not your loan, it is his loan....
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  • justbroke
    replied to Possible Sewer Line "Up Sell" Tactics
    I always hire a residential inspector. I don't hire the cheapest one either, but someone that is well known and very good at their job. I bought a new house in North Carolina and hired an inspector. The builder was shocked, but my inspector found code violations and a couple of defects. The builder...
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  • Welcome to BKForum.

    For bankruptcy terms, pre-petition means everything before the day on which the debtor filed; in that case it's JC Penny. So anything that happened before 5/15/2020 is pre-petition. Everything after 5/15/2020 is post-petition.

    Bankruptcy deal with pre-petition...
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  • justbroke
    replied to Question on co-signed student loan
    No. He is not affected by your bankruptcy. There should be no indication of your bankruptcy on his credit report even for shared/joint accounts. (I know this from experience with two joint accounts. Mine report IIB and the other person has no indication of the status.)

    Student loans are...
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  • justbroke
    replied to Possible creditor objection questions
    Just becuase they filed suit to recover their money, doesn't mean they can or even will object to the bankruptcy. In fact, most creditors understand the finality of bankruptcy and the futility of objection to a discharge. Unless they can prove actual fraud, it's not worth the time in the bankruptcy...
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  • justbroke
    commented on a Visitor Message From KellyMcGrath
    Unfortunately, that name is already taken. Y
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  • KellyMcGrath
    KellyMcGrath posted a Visitor Message for justbroke
    Thanks, please help me change my name. How about changing my name to BrightFuture? Thanks so much!! And can you take my intro post down as well?
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  • justbroke
    replied to Chapter 13 payment increase!
    For those that are otherwise "single," being separated (and/or married) with dependent children certainly takes the sting from the abysmal allowances for a single person.

    I remember when I made it to management (at an extremely large company with 700,000 employees) and moved into...
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  • justbroke
    replied to Chapter 13 payment increase!
    Witchywitch I hid it from the kids for all 5 years. They never knew the difference. And we did things, and had annual passes to various central Florida theme parks (including the WDW, SeaWorld, and Busch Gardens). I had to shuffle priorities to do that, but created an interesting environment for the...
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  • justbroke
    replied to Only One Spouse Filing
    It is a given. Whenever a debtor is married and is filing without the spouse, the case will receive extra scrutiny. If there is a lot of income in the household, the case will receive very detailed scrutiny. Since you are not in a community-property State, you would be discharged from the debt and leaving...
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  • justbroke
    replied to Chapter 13 payment increase!
    My unsecured amount was significant and was a few hundreds of thousands. I almost exceeded the Chapter 13 limit. That would have put me in a Chapter 11.
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  • Fortunately, the plan length can't be involuntarily extended beyond 60 months. There's the special new except for COVID, where the case can go to 84 months, but that is voluntary. Trustee doesn't hold that power. That doesn't mean that, at the end of the payment period, that the Trustee figures that...
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  • You can always refinance, so long as your credit allows. Since you plan to use an attorney, perhaps they'll look to see if you can redeem it for the lesser value (current market value) rather than refinancing any negative equity. But, a refinance, through another bank/lender, would certainly fix the...
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