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justbroke
justbroke
Super Moderator
Last Activity: 12-02-2019, 12:10 PM
Joined: 07-10-2008
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  • Generally speaking, you would not receive an early discharge unless 100% of the allowed unsecured claims are paid. If you are only going to pay 11%, that would be short and would not automatically make you eligible for an early discharge.

    However, in some Districts, the Chapter 13 Standing...
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  • If you payoff your unsecured debt at 100% (mean the entire claim is paid), then you will qualify for an earlier discharge. Were you originally in a 100% plan or your plan became a 100% plan? (If by paid off you mean that you would pay the Plan Base but not the total unsecured debt, then my answer...
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  • justbroke
    replied to Considering Converting from Ch13 to Ch7?
    There's at least 1 company that does these types of loans. I used 722 Redemption which is a division of US Bank. I applied day one of my Chapter 7 and then filed the appropriate motions to redeem after I was approved.

    That's the question. It too difficult and not worthwhile speculating....
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  • justbroke
    replied to Considering Converting from Ch13 to Ch7?
    Welcome to BKForum

    That's tough and I understand what you're going through. It's why I always suggest modifying the plan, but that's not always as easy as it sounds. Usually it's because we are trying to protect property, so there is no wiggle room in the plan to deal with loss of income....
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  • justbroke
    replied to Rebuilding credit
    sophieanne great question (not silly), but I can't answer that. It is probably a good interpretation of $500 per debtor, but I don't want to speculate as to how that could apply to a credit card.
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  • The FRBP (Federal Rules of Bankruptcy Procedure) are just going to drive you crazy. The simple answer is this. The discharge comes after 60 days have elapsed from the first scheduled date for the 341 Meeting of Creditors. It also sets a bar date which limits the Trustee, United States Trustee (UST),...
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  • They are definitely closed at the moment, but give them a ring tomorrow morning. The clerks work hard and they have a tough job keeping order when it comes to the docket. I based the 60 days on the standard timeline which has now elapsed. As you write, and I agree, they were probably busy with the...
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  • justbroke
    replied to Question regarding case
    Nothing impacts the discharge date except for the Trustee or United States Trustee (UST) filing a motion to condition, limit, or deny the discharge. I 100% believe that you have none of those issues and that you'll receive your discharge sometime (soon) after your 60 days have elapsed.

    ...
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  • justbroke
    replied to Rebuilding credit
    If you apply and receive a limit higher than $500 and you're uncomfortable with that limit, you can always call the creditor and ask for a credit limit reduction. There are people that do this so that they are not tempted by the availability of large credit lines.

    Usually not considered...
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  • justbroke
    replied to Rebuilding credit
    You could try a pre-qualification from creditors such as Capital One. I would try one of those pre-qualification places (Capital One, Discover) or would try to get a secured card from Capital One, Discover or a credit union. Hopefully any type of secured card that you obtained would be the type that...
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  • Actually I messed up. If your 341 Meeting was on September 26, 2019 then your discharge should have already happened or will happen really shortly. You should have been eligible for discharge on Monday, November 25, 2019.

    Do you have access to PACER? If not, call the Clerk of the Bankruptcy...
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  • These are not "boiler" plate and it may require a hearing. That's why I wrote that you're just 21 days away from discharge so it may not matter. Some of these, including abandonment, may require notice to all creditors that the Trustee is abandoning the property from the bankruptcy estate....
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  • This is not about the Title Company or the Trustee. It's really about whether or not the property is no longer "property of the bankruptcy estate." Without a permission to sell from the bankruptcy court, or a granted Motion to Abandon Property of the Estate, the property is still in the bankruptcy...
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  • justbroke
    replied to Car insurance in Ch 13
    As NoMoney30 wrote, absolutely. It's required under what's known as "adequate protection" which makes sure that the lender/creditor is protected from perils as well as depreciation.
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  • justbroke
    replied to Navy Federal
    Credit unions cross collaterize against other secured loans. If you had a car loan and a home loan, those would be cross-collaterized. I believe that Navy Federal (NFCU) doesn't cross-collateralize against demand deposit accounts (DDAs) and other instruments. But I'm not 100% sure.

    ...
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  • justbroke
    replied to Question on disposable income
    Exactly, but those are the numbers! They are called the National Standards and are based on the IRS Financial Collection Standards (FCS). The IRS' FCS is used by the IRS when they take actions against taxpayers and garnish their pay.

    The Collection Financial Standards for Food, Clothing...
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  • justbroke
    replied to Question regarding case
    Happy Thanksgiving shaggy1...
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  • justbroke
    replied to Question on disposable income
    What if i told you that the food, clothing and personal expense "allowance" (from the IRS and United States Trustee) was $1,786 for four people? What if I told you that you get $420 more per month for each additional person? That means you should have budgeted an expense of $2,206/month...
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  • justbroke
    replied to Question regarding case
    You will still receive your discharge after the discharge date passes. You have nothing else to worry about. Being over-the-median is never a show stopper for receiving a Chapter 7 discharge. I was many times over the median income. Your discharge is coming.

    The Trustee just wants your...
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  • justbroke
    replied to Property questions?
    Yes, the Trustee can liquidate them if they believe there's enough equity to cover the expense. You will likely use the federal exemption scheme and it will really depend on the value of everything you own. You get $4,000 for one vehicle (but you each can use that $4,000 basically doubling it to $4,000...
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