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justbroke
justbroke
Super Moderator
Last Activity: Today, 10:49 AM
Joined: 07-10-2008
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  • justbroke
    replied to Private school tuition
    I don't know if your children qualify or if there are private and/or magnet schools that offer scholarships. You may also look at religious schools that can offer lower tuition or have scholarships and other programs to reduce tuition. The bottom line is what's common in your district and whether...
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  • justbroke
    replied to Private school tuition
    The simple, and harsh, fact is that the bankruptcy court will not make the creditors suffer over your choice to send any child to a private school. (I don't mean that to sound harsh, but it is.) If you end up in a 100% plan, the Trustee and the court will not care because you're paying the unsecured...
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  • justbroke
    replied to How did you plan for emergencies?
    I'm sorry to hear that your brother is ill, far away, and that you are in bankruptcy all at the same time. You can actually save money in a Chapter 13 if several things are all in alignment; a.) your attorney negotiated a livable plan for you, b.) your plan has some cushion (I'll talk about that later),...
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  • justbroke
    replied to Converting to Ch 7
    From what I read, there are many arguments over what is jurisdictional and non-jurisdictional. The consensus with SCOTUS is that "jurisdictional" is overused and time-barred items are still jurisdictional. My question is that the argument would be that it's jurisdictional but SCOTUS doesn't...
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  • justbroke
    replied to Converting to Ch 7
    I think des is saying exactly that if the Trustee didn't file a complaint to deny the discharge, it could slip through the cracks. I have seen this personally in the court, but the Trustee (panel or standing) would bring up that the person was not entitled to a discharge, and get it dismissed on Ore...
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  • My personal belief is that it is as frustrating for the Chapter 13 Panel Trustee as it is for the debtors. I have watched one of the Chapter 13 Trustees here in Florida, and he has at least 3 staff attorneys, and they lug carts of files to the bankruptcy court every day and a good 1/3rd don't show...
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  • justbroke
    replied to My Chapter 7 experience
    You'll get through this, just as we all have. Take comfort in knowing that we have been there too and that we understand exactly how you're feeling. We don't need to guess, wonder, or empathize since we've been there. I don't know if there's a worse feeling than not being able to provide for your...
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  • The Chapter 7 (Panel) Trustee won't have an issue with regard to your case not proceeding as a Chapter 7. That's the entire purview of the United States Trustee (to maintain program integrity). This will especially be the case since the UST already determined, beyond any shadow of the doubt, that...
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  • Yes! You should read my post when I walked out from the courthouse after filing my case. With case number in hand, and walking through the downtown streets (no car), I couldn't keep the smile off my face and everyone that passed said hello! I definitely had a quicker gait and a bounce in my step....
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  • Isn't that interesting? Even the UST thought your numbers were too low and you'd never survive a Chapter 13. I wouldn't have expected that.

    The Chapter 7 Trustees do not (usually except extreme cases) determine whether your Chapter 7 case should be dismissed or converted. That is the...
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  • It was by accident. The original code didn't have a personal reorganization chapter (13). When personal reorganization was added, it was in "chapter 13" of the code. The other "chapters" that precede what we classify as a "Chapter" of bankruptcy are the base portions...
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  • justbroke
    replied to Violation of automatic stay
    As Des wrote, it happens. These are "technical" violations, and usually happen because the time between filing and an automatic debit are so close that the auto-debit still happens. This happened to me as well and with one of my banks and was resolved pretty quickly....
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  • I personally say to never ever let the dealership do a "shotgun" application for you. They send it to 4, 5, 6 or more banks/creditors that all run your credit. I would go to a local credit union and that is what I did when I was 6 months out from my discharge. I went to Navy Federal and they...
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  • justbroke
    replied to My Chapter 7 experience
    Heed your attorney's advice and stop worrying asb out this. A creditor could only complain if it were for luxury goods, and living, feeding yourself and family, while providing a roof over the heads is never ever ever considered "luxury" to any court. I accidentally even used my gasoline...
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  • There is just something else wrong, and that is for sure.

    Are you paid bi-weekly or semi-monthly? If you're paid bi-weekly, then you can't get your monthly average by just multiplying two paychecks x two. Additionally, your average monthly income is pre-tax (not after tax). The forms then...
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  • If your disposable monthly income (DMI) was calculated at $899.14 a month, then that is what's left over after paying the allowed expenses, debt service, and administrative expense.

    You will need to sit down and go through Form B22C-2 so that you understand what is Current Monthly Income...
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  • Let me put it this way.

    Many families cut back when their fixed expenses grow. They stop buying as much food, wearing clothes until they practically have too many holes to maintain any modesty, hardly ever buy new shoes, and skimp on many other things.

    Food and Personal Care...
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  • I was nearly $100K over the median. However, I filed as a non-consumer because I had over $1.5M in investment assets. Being over-the-median is not the end-all-be-all that many debtors, and even some attorneys, claim it to be. There are people that file (consumer) Chapter 7s every single day and they...
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  • You will also find that Chapter 13 Trustees are individuals that, in many cases, have differences in how they operate. Some Chapter 13 Trustees (Tees) don't care if you earn more money; those Tees will tell you just to make your monthly payment and to not worry. Other Tees may track certain cases...
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  • The attorney monitors your case and is the attorney of record for 36 months. Also, representation for a Chapter 13 is up to confirmation (not the 341), but if there is anything new, such as a motion to value or motion to determine secured status, that may allow the attorney to charge additional fees....
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    Last edited by justbroke; 12-04-2018, 01:35 PM.

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