justbroke
Super Moderator
Last Activity: 04-19-2025, 07:04 AM
Joined: 07-10-2008
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I'll PM you!... -
shipo real impressive. Gives me hope!...Leave a comment:
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Welcome to BKForum!Leave a comment:
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With respect to the lack of exemptions, this is true for Florida. Floridians enjoyh an unlimited homestead exemption so Florida skimps on the personal property exemptions. This means that you only have $1,000 (per debtor) to protect all your personal property (other than a vehicle).
If...Leave a comment:
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There's no reason to reaffirm because you are not underwater and they retain all of the non-bankruptcy rights. That is, they still have the right to foreclose should you default on the terms on the mortgage security your note. In many cases, nearly everyone in bankruptcy does not reaffirm a mortgage....Leave a comment:
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If you are filing together you can typically exempt in your vehicle. I don't know how the exemptions work for KS versus MO (you are using KS exemptions). The key is whether you have sufficient exemptions to protect any vehicle purchased right before filing.Leave a comment:
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I don't know how Missouri/Kansas works when it comes to personal property. Here, in the 11th Circuit (Florida, Georgia, Alabama), we must redeem, reaffirm, or surrender. There is no "retain and pay" in this circuit. I don't know what it's like in your circuit or courts.
You're...Leave a comment:
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Unfortunately, there is absolutely no way to predict the behavior of creditors other than them (a) start dunning you, (b) make incessant phone calls, (c) sending to collections, and (d) threatening a lawsuit. Absolutely no way to tell. Different creditors behave differently and use a number of factors...Leave a comment:
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Everything is included and all creditors must be listed in the bankruptcy petition. Some creditors meet the definition of non-dischargeable in 11 USC 523 which describes certain debts that pass through the bankruptcy.
As shipo mentioned creditors may "run to the courthouse steps"...Leave a comment:
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You likely need to seek help from the bankruptcy court to see if they can connect you with a low- or no-fee attorney. There may be a specific process for not only rejecting the lease, but also breaking and terminating the lease. I cannot assume what the landlord will do since they probably already have...Leave a comment:
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In a Chapter 7, a debtor may assume or reject an unexpired lease. Assume means to keep and reject has it's literal meaning. When rejected the lease is considered breached the day before filing. Any lease fees may be considered "unsecured" debt and would be dischargeable. I would list the landlord...Leave a comment:
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The IRS would not enter into a payment agreement while you're in an active bankruptcy. They have flags on your account and will immediately know that you're in an active Chapter 13. If you have an attorney, it is possible that you may be able to add the new IRS tax debt as a "priority" debt...Leave a comment:
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I would wait until after the 341 Meeting. They would probably tell you then what assets they are expecting to go after.Leave a comment:
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Just double check what they need and you should be good to go.Leave a comment:
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Typically once your Trustee is assigned, you go to their website to find out what they require within 7 days of the 341 Meeting. It's things like tax returns, current bank statements, and typically copy of your registration/title for any vehicle. You need to find out. You should contact the Trustee...Leave a comment:
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I believe that Oregon allows you to choose the federal exemption scheme. As I wrote, I'm unsure if the Trustee will go for it, but you never know. This is not advice, but Oregon does have exemptions to protect enough, but the federal exemptions may have exempted everything you listed quite easily. I...Leave a comment:
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Generally speaking, the Trustee will ask only if it seems like a lot of money disappeared. They know and understand that people must live and spending money for the health and safety of themself and any family are important and not "luxury" purchases.
Hopefully you used exemptions...Leave a comment:
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My post didn't mean to point that out, but moreso when someone reads the post in the future. The rules are simple: (a) always speak to your attorney before making extra payments, (b) don't make extra payments unless you are in a 100% plan, and (c) if unsure, always go back to (a).
I tried...Leave a comment:
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Never ever pre-pay a Chapter 13 without consulting your attorney. If you don't have an attorney, never ever payoff a Chapter 13. The only exception is if you're in a 100% Chapter 13.
If you are in less than a 100% plan, the Trustee can just say "thanks for the money" and the plan...Leave a comment:
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Always look at the current statute itself. https://codes.ohio.gov/ohio-revised-...ection-2329.66
In the code, ORS 2329.66(B), it reads that the Ohio Judicial Conference shall update from 4/1/2010 and every third year after that.
A search for "2028 ohio judicial conference...Leave a comment:
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