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justbroke
justbroke
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Last Activity: Today, 04:23 PM
Joined: 07-10-2008
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  • justbroke
    replied to savings account in Chap 13
    Trustees usually don't care unless a.) your income increased over 10% (year-over-year), or b.) you miss payments. Other than that, the super-majority of Trustees do not scrutinize tax returns since they're using them, mostly, to determine if your income changed.
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  • For most creditors, you can always call customer service and have your credit limit reduced. You could also do what you suggest which is to never exceed the Trustee/Plan set amount of $500. The purpose of imposing such a limit on any new credit without approval, is to reduce the chances of your plan...
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  • justbroke
    replied to been a while
    MSbklawyer can't believe I missed your post. Welcome back....
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  • Sometimes this is simply a bankruptcy attorney that likes to do Chapter 13s rather than Chapter 7s (and vice versa). Unless you are in arrears on something (and it reads as though the vehicle(s) may be in arrears), there's no need to file a Chapter 13.

    I'm not sure I would go down the Chapter...
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  • justbroke
    replied to Is this allowed (UST)?
    I read this as a normal case where the United States Trustee (UST) picks apart over-the-medium income cases. It's almost inevitable that it happens. As I wrote, they win some, lose some. They often back off after the attorney provides "reasonable" responses to their questions (don't ask me...
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  • justbroke
    replied to Is this allowed (UST)?
    It's not good to use any anecdotal evidence to suggest that the UST sometimes, mostly or always win. I would simply say that they lose some and win some. Your specific court, BAP, appellate and other factors may apply.

    As shipo speculates, there may be more to the "totality" of...
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  • justbroke
    replied to Is this allowed (UST)?
    So hope for the best, and prepare to convert to a Chapter 13 should they try to push you that way. I would still not "rob my future" to pay for the present. Whether or not the UST would be successful at any "totality of circumstances" or "bad faith" objection hearing, is...
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  • justbroke
    replied to Is this allowed (UST)?
    What Des meant was as simple as stated; they can't make you payoff your car. There is precedence when it comes to a totality of circumstances or bad faith objection if the UST can show that you are not deserving of a Chapter 7 discharge. Whether or not the UST could show that your retirement funds are...
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  • justbroke
    replied to Can the trustee implicate family?
    Can the trustee request records from other people? If it's related to your case, and very specifically related to the recovery of property of the bankruptcy estate, the Trustee can make certain demands. If the demands aren't met, then the Trustee can sue family and anyone else related to the case....
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  • I don't need $10K at Amazon. I only ever used about $150 on that line and paid if off immediately. It was just sitting there and I'm sure, with the current economic climate, they didn't want me to go berserk and then not pay. I mean, I already see that some "business owner's" have obtained...
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  • So long as you didn't cramdown the car you should receive the title and/or a "satisfaction of debt" letter. If you're paying outside the plan, then you likely didn't cramdown so I would wait for the title/letter. You may need to wait several weeks to see if it's sent automatically. Personally,...
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  • Creditors Starting to Lower Credit Limits

    It seems that creditors have started to lower credit lines in anticipation of a massive recession.

    CNBC has an article "Card issuers are cutting credit limits without warning" and I can already see the affects.

    If the 2008-2012 recession is any indication, credit...
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  • If the 2008-2012 recession is any indication, credit card companies will start to automatically lower credit lines that are not in use. It happens. For example, I have an Amazon Line of Credit for $10,000. They just lowered it to $1,000 in April. I never really use it, and nothing changed in my credit...
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  • justbroke
    replied to vehicle in chapter 13 totaled
    There's no way to tell. Generally speaking, the insurance payoff should equal the remainder of the claim value. If not, the original lender (that filed the claim) may likely have their claim reduced. There's also another way to deal with this which is called Substitution of Collateral. That's used...
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  • This happens as some creditors don't immediately close out the account and mark it as included in bankruptcy (IIB). I would worry more about my Chapter 13 and making payments on time. By the time you exit bankruptcy you can deal with that issue.

    Okay, so that's my standard response. If...
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  • justbroke
    replied to Chapter 13 Closed, I think...
    That means that your case is still not closed, however you do have your discharge.

    They are two different systems serving two different purposes. The NDC is for the Trustee(s) and it indicates that the Trustee has completed the case. However, the court (and judge) is responsible for actually...
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  • justbroke
    replied to Chapter 13 Closed, I think...
    As sophieanne writes, the only way to tell if the case is actually closed, is in PACER (CM/ECF). It would be at the top of the screen after you search and find your case. The top of the screen should have a line "Debtor discharged: DD/MM/YYYY". If closed, it will also have a "Date...
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  • Personal taxes are dischargeable under the 3/2/240 rule (unless there is a perfected tax lien against property and it doesn't impair an exemption).

    Regarding exemptions, Arkansas debtor can choose between the Arkansas exemption scheme or the Federal Bankruptcy exemption scheme. We Floridians...
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  • justbroke
    replied to Discharged!!!
    I know exactly how you feel. I had 2 broken A/C units, a septic line break and replacement (under concrete driveway), car problems (luckily under a recall at the time for two major issues -- transmission and fuel pump)... and the list goes on.

    Totally worth it!...
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  • justbroke
    replied to Set backs !
    This is both interesting and great news....
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