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justbroke
justbroke
Super Moderator
Last Activity: Yesterday, 04:55 PM
Joined: 07-10-2008
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  • justbroke
    replied to Chap 7 discharge no word from bank
    Yes, you should find out from American Infosource where to send the payments. Your vehicle was discharged but you get to "ride-through" by keeping up payments.

    You should check out your DMV's record to see if there was a lien recorded. If there was no lien recorded, I guess...
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  • justbroke
    replied to Filed Chapter 7-Help
    There are actually two dates for the UST. The first is 10 days from the "first" actual 341 meeting for creditors. That's for a complaint related to an abuse. An abuse would be that the debtor has the means to pay creditors in a Chapter 13 ("fails" the means test), or some other...
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  • justbroke
    replied to Impact of No Discharge
    I moved your post to a new thread because it was off topic.

    I would never do that as a strategy. A chapter 7 can continue without any input from a debtor. This could complicate things very very badly, unless the case actually gets dismissed....
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  • justbroke
    replied to Filed Chapter 7-Help
    It just makes things more complex that you are still legally married and both of you have income. It makes it more complex that you are over-the-median income with your combined income. The UST, while they are asking many questions, are trying to make sure that you qualify for a Chapter 7 discharge...
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  • justbroke
    replied to Filed Chapter 7-Help
    First, welcome to BKForum.

    Since you are still married, and you are over-the-median-income, the United States Trustee (UST) is interested in your case because you are filing alone.

    Generally, all of your spouse's (not "ex-spouse" since you didn't list any final divorce...
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  • If you don't pay them, or at least the interest, the interest continues to accrue....
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  • justbroke
    replied to Why would Trustee's Payment Go Up?
    Chapter 13 Trustees are attorneys or certified public accountants. Most are bankruptcy attorneys, but there is no requirement that they are attorneys. For a Chapter 13 Trustee, this is the only thing that they do... manage Chapter 13 cases. While they make 8-10% per case (on the payments they manage),...
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  • Not all creditors allow active bankruptcy applicants to be approved. The major banks, such as Bank of America, would be included among the more sophisticated banks that check bankruptcy status. I applied for a business card through them and they "took into account" my relationship with them,...
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  • The IRS is usually pretty good at these determinations but it is possible that they messed up. Please realize that it's more than just 3 years. It's 3 years from last due; example, tax year 2016 could not be discharged unless you filed a case after April 15, 2020. It's also for which a return was filed...
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  • TryAscend
    TryAscend posted a Visitor Message for justbroke
    Hey justbroke, thanks for your feedback about the Chapter 13 Calculator we have built. I took a look at your other work and was impressed by your level of knowledge of bankruptcy. Would you ever be interested in doing some writing for our blog (https://tryascend.com/blog/)? We have a limited budget...
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  • justbroke
    replied to Defer Mortgage Payments
    Welcome to BKForum.

    Unfortunately I don't think that anyone can answer that question, except maybe Wells Fargo. It requires too much detail about their intent with this abatement period. From some anecdotal accounts, and with other large banks, the banks were allowing up to 90-days of missed...
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  • I thought about it, zelkin.
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  • You don't have much in secured debt and cars, so your fixed payments are low. For example, my house payment plus the arrears was over $5,000/month.

    While our trustee is is only about 8%, they still "charge" 10% per month during the life of the plan. The Trustee was making over...
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  • Then you'd be in a $0 Chapter 13... also known as a back-door Chapter 7. (Some Trustees hate these as they may make very few $$$ unless there are significant amounts of secured debt being paid through the plan. My Trustee liked my $0/month DMI Chapter 13 because she earned over $700/month in commissions...
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  • When I finalized the divorce 2 years into the Chapter 13, the Trustee didn't even question the numbers. The numbers were very clear on the MSA (marital separation agreement).

    Best wishes for your re-connect....
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  • justbroke
    replied to Credit report
    I would not touch anything. I touched things after discharge, and they removed things that were actually improving my score!
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  • Welcome to BKforum. I'll try to answer some things as I've filed both chapters of bankruptcy.

    Overall, I don't think this is that bad, but you're going to be asked, and I'm going to repeat it, you really need to get the gambling out of your system. The Trustee is going to be very concerned...
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  • Even if that website were to give you a number, it is likely wrong. There's more that go into the calculations than simply what the Means Test yields, and most don't understand how to list a homestead property in the secured debt section. (E.G. it asked for secured debt, but you actually put in the...
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  • justbroke
    replied to Vehicle loans after discharge
    There were some cases in which the debtor re-opened the Chapter 13 to demand that the creditor release the title (Motion to Compel). A famous case was with Ford Motor Credit (FMC). FMC didn't want to release the title without payment, but didn't ask for payment. The catch-22 was incredible and FMC was...
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  • justbroke
    replied to Vehicle loans after discharge
    I kept my vehicle, but I also continued paying for them or refinanced them (into a 722 Redemption Loan). Yes, some do just simply forget or don't want to be bothered with repossessing the vehicle. However, that doesn't bode well for a constantly-looking-over-your-shoulder life.
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