justbroke
Super Moderator
Last Activity: 05-27-2025, 07:01 PM
Joined: 07-10-2008
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Yup, it's a prepetition lease. The landlord would need to take steps to enforce their rights by moving the bankruptcy court to allow them to pursue such rights outside the bankruptcy court. That's why your lawyer said that they can't come at you, but I'd add that they can't come at you outside the bankruptcy... -
Welcome to BKForum. Did you assume that unexpired lease when you started the Chapter 13 or is this a new post-petition lease? If they are a pre-petition creditor then you are likely protected unless they file a motion with the court to pursue their non-bankruptcy rights. If this is a post-petition lease...Leave a comment:
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If you are having to pay $3,800 to the Trustee already, you likely have no more exemptions left. If you used or received the benefit of the "unused homestead exemption" then you only had $1,000 in personal property exemption (doubled in married and filing jointly). You would need to check...Leave a comment:
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I don't understand what you're saying, but here's how the homestead exemption works in Florida.
Florida has an unlimited homestead exemption found in Article X, Section 4 of the Florida Constitution. This protects the entire value of the principal residence of a debtor from a forced sale...Leave a comment:
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She is taking your tax refund because (a) you didn't exempt it, and (b) it's an asset.Leave a comment:
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You can file a Chapter 7 after 8 years has elapsed from when you filed the prior Chapter 7. It goes by neither the discharged date nor when it falls off the credit report.Leave a comment:
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We always say that most people that go into a debt management program end up filing bankruptcy in the end. Thank you for your story and letting other debtors know about your journey.Leave a comment:
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Tax debt and student loan debt are two different categories of unsecured debt. Student loan debt will never be "priority" unsecured debt since it is not from the "public trust fund." In other words student loan debt does not run the government like taxes. Despite it being non-dischargeable...Leave a comment:
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You never know what the Trustee will accept. The problem is you really don't know if the United States Trustee (UST) is not going to accept that large expense of $991 on your Schedule J. It really just depends. I think your lawyer is arguing that if they argue about it he'll say it's for healthcare....Leave a comment:
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The best is yard sale prices or go to eBay to see "generally" what something is going for. Some things on eBay are new some used. You should think about what you could get for something if you had to put it on your front lawn today and it had to sell.
It's that simple. Too many...Leave a comment:
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Welcome to BKForum. Just make sure that all of heavy-financial medical needs are all done before you file. You want to make sure you capture everything related to the heart attack and coma. Remember that a Chapter 7 is the nuclear option and you can only do that once every 8 years.Leave a comment:
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