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justbroke
justbroke
Super Moderator
Last Activity: 07-10-2020, 12:30 PM
Joined: 07-10-2008
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  • justbroke
    replied to Authorized User
    They would not notify you as that is not your account. You would not list it in the bankruptcy.
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  • Its tough being a moderator.
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  • I don't think that, in general, State categorization is important except in specific examples. It may also dilute responses because people will ignore other States. But, that's my general opinion. If I saw the State I'd probably lean heavily to Florida while ignoring most others.
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  • justbroke
    replied to How bad will this look?
    Do you mean the amount is lower than what is on the schedules? It happens, especially when there's a difference on the day of filing because people usually fill out the forms weeks before filing. I don't think it's an issue if it's less, unless it's non-exempt and the Trustee is asking for the money....
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  • justbroke
    replied to Credit Report
    For your mortgage, it seems like it will just discharge. The creditor will not report the ontime payments because you are not personally liable for the payments. I would not worry about this mortgage payment history. It is much much better to discharge a mortgage than it is to reaffirm a mortgage solely...
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  • justbroke
    replied to Credit Report
    This is normal. Creditors inform the credit bureaus that the accounts were included in bankruptcy. Your mortgage, if discharged, will not report "normally" when your case closed since it was discharged. Your student loans will likely start reporting again (mine did) sometime after the case...
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  • For companies, we will see a lot more consolidation, Chapter 11s and even Chapter 7s; there's no doubt about that. As a small business owner (or several businesses), I can tell you that my businesses are going to struggle and I don't expect every one of them to survive.

    I only wish I had...
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  • When the Chapter 13 drops off, you should see an increase. When my Chapter 7 dropped off, I certainly saw an increase (don't remember how many points). The reason is that these are held under Public Records and not related to your trade lines and collection accounts.

    As you have speculated,...
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  • justbroke
    replied to Inheritance in active Chapter 13
    (I moved this to its own topic as it is regarding a Chapter 13)

    Clarifying that this thread was about a Chapter 7, but you're asking about a Chapter 13.

    The simple answer is that this area is not conflicting as the caselaw is quite clear. Chapter 13s have a special clause which...
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  • justbroke
    replied to Forbearance & Chapter 7
    You mean to pay the forbearance on the mortgage? Paying secured debt is not a preference so it's generally allowed.

    Are you planning to file with an attorney? Since you have real estate, Florida exemptions are precarious. I don't know if you have any equity in the home, but that could affect...
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  • justbroke
    replied to Deficiency notice
    I think that's not so bad. I suppose it helps the Clerk's office in dealing with case closings without a discharge due to the missing certificate, only to have to re-open to add the cert and issue the discharge.

    I think that's a very nice service (the "reminder" deficiency)....
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  • justbroke
    replied to Deficiency notice
    Maybe your attorney didn't file the B23 certificate of completion -- for the 2nd class. Follow up with the attorney's office (paralegal). The deficiency could be that the "certificate" was filed, but not there is no B23 certification or vice-versa. (The actual certificate is usually sent by...
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  • justbroke
    replied to Deficiency notice
    I wondered if it was the second, but the OP wrote that they received a deficiency 5-days after filing. Which would be weird to have a deficiency, already, for the 2nd course?...
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  • justbroke
    replied to Deficiency notice
    Did you file Pro Se? If so, call the Clerk's office and ask a "procedural" question. Ask them if your certificate was filed properly. There may be a "local" form that goes with it and this is why, if you're Pro Se, you should call the Clerk's office. They are your resource. Make...
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  • justbroke
    replied to Escrow Adjustment.... wtf? lol
    Unfortunately it happens more often than not in Chapter 13s with a mortgage (especially if there are arrears in the plan). It's because most lenders just don't have systems that are capable of doing the right thing. Instead they use payment "suspension" accounts, the system keeps adding late...
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  • justbroke
    replied to Escrow Adjustment.... wtf? lol
    It's just that many Chapter 13 debtors, even with no escrow shortages or other issues, find their mortgage account entirely wrong. Past due charges, interest and other issues can make it confusing and difficult to try to make sure the account is "current" at the time of discharge.
    ...
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  • justbroke
    replied to Escrow Adjustment.... wtf? lol
    You have a better Trustee than we do. Whenever our Trustee get a notice from the creditor regarding an ARM or escrow adjustment, the plan payment changes. At least from my experience. (Or, maybe in my case the creditor filed it correctly at the start.)

    The downside for you is that this...
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  • justbroke
    replied to Voluntarily dismiss chapter 13 advice
    You'll just have to see how it progresses. I would expect 1 or 2 of the creditors to be "aggressive" (whatever that means). But that may just means a lot of dunning (letters and phone calls). Maybe your attorney would be happy to take all their calls (redirect them to your attorney?).
    ...
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  • The Chapter 13 Trustee has wide latitude to make payments. My Trustee, for instance, makes $0 in payments to unsecured creditors until the a few months before end of plan in large chunks.

    I tell everyone to concentrate on keeping off the Trustee's radar; pay on time and try to enjoy life....
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  • The Chapter 13 Trustee will generally not make any disbursements (payments) until the Chapter 13 Plan has been confirmed. In some case, the Trustee may make "adequate-protection payments" to secured creditors such as a mortgage or vehicle creditor. In my case, they didn't pay my auto loans...
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