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justbroke
justbroke
Super Moderator
Last Activity: 11-13-2019, 06:08 AM
Joined: 07-10-2008
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  • That would be based on State non-bankruptcy law for your State.

    For California, it appears that the lender can technically repossess a vehicle as soon as you default on the contract; which is just one day late. However, you need to read your loan agreement to see if there is a grace period...
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  • There is absolutely no way that anyone can tell you when something discharged in bankruptcy would be repossessed. The lender is under no obligation to repossess the vehicle. It's actually a problem post-bankruptcy where the lender will not "come and get" the vehicle by any means. The problem...
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  • You are insolvent.

    The questions of transferring property back and forth between "insiders" (such as family, friends, and business associates) is a tough area to be. Especially if you're doing it to move the property out of the reach of creditors. I'm sure that when a Trustee...
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  • justbroke
    replied to Vehicle question
    Yes, it's $2,400 of equity in the vehicle. So if you own a car outright and it's worth $9,000, then only $2,400 of that could be protected with the vehicle exemption that you listed.

    Inheriting a vehicle works no differently than any other property that you own. In fact, if you inherit...
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  • justbroke
    replied to Garnishment after filing
    I have dealt with bankruptcy twice and have been a member of BKForum since 2008. There are a lot of other great folks on here as well and some have even filed their own bankruptcy cases (like I did).

    I now understand what you mean by the debt being older. Most debt, even to a governmental...
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  • No. You will likely not get all the money that you paid into a Chapter 13 back, unless it wasn't disbursed. Any money that the Trustee still has on-hand, should be returned to you through your attorney. In some cases, the Chapter 13 Standing Trustee has been known to send a check to the Chapter 7 Trustee....
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  • justbroke
    replied to Garnishment after filing
    I'm confused about what you mean by "past the point of protection." Are you saying that the creditor, AAFES, used a tax intercept to clawback money that you owe? Or is this AAFES debt totally different and was not caused by a tax incept? Because a garnishment and a tax intercept are very different...
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  • justbroke
    replied to Garnishment after filing
    Yes. It's simply the automatic stay in 11 USC 362. All creditors are prohibited from starting, continuing, or pursuing any debt once the case is filed. While the creditor may have violated the automatic stay in your case, it looks like it's a "technical" violation. You would simply send a...
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  • justbroke
    replied to Annual credit reports...
    That's a very good point Des and is likely why attorneys like to have their clients complete a form with all the known accounts listed.
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  • justbroke
    replied to Annual credit reports...
    Some attorneys will pull a tri-merge report automatically for you as part of their fee. The reason that some of them do this, as a service, is because they use bankruptcy preparation software, such as Best Case Bankruptcy, which allows them to pull all that data straight into the software (much less...
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  • justbroke
    replied to BK Pre-planning? Help?
    Welcome to BKForum.

    The thing about "preferring" one creditor over the other, is that you are choosing. In bankruptcy, the Trustee can undue those transfers (payments) so that the other creditors can enjoy the payments. But, it really doesn't affect you personally. It only...
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  • I don't think it's an issue. They're usually worried about "insider" transfers within a year. They are looking for "real"money and not a broken down truck.

    Generally, the trustee can undue a transfer that was done within 2 years of filing "if" it was done...
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  • justbroke
    replied to After the Discharge; Before the Close
    I just checked the status on PACER and the "due" date to close the case is set to the end of November. It's so slow! LOL!
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  • justbroke
    started a topic After the Discharge; Before the Close

    After the Discharge; Before the Close

    So, my final payment was in the beginning of May 2019. I received my discharge at the end of August (month 65). I am still awaiting the closing. I think there's a light at the end of the tunnel. My Trustee's site now has my case in "red" highlight, so I looked in PACER and see that they...
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  • I think I wrote this before, but plan confirmation can take, even after agreement with the Trustee, many weeks. My plan was "approved" by the Trustee in open court 6 months after filing. My plan was not entered and signed, by the court, until an additional 2 months from the agreement in open...
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  • justbroke
    replied to Verizon service question
    I would only contact them after filing and not immediately after filing. i would wait a week for them to receive notice of the bankruptcy. They were very nice to me. Surprisingly nice and professional... unlike some debt collectors that wanted to argue with me.
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  • I think it's important to show that you tried to pay, but I wouldn't take too much stress if you're "unable" to pay. If you're already unable to pay then there's no sense worrying about it. It's just that if it were within 90 days of filing, it's much more obvious that a debtor "may"...
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  • It's very important, simply for the fact that it is automatically considered to be, just on the face of the fact tht it was over $750 (or $900... can never remember) within 90 days of filing. Bankruptcy law "assumes" that you were definitely insolvent the 90 days prior to filing.
    ...
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  • Yeah, sometimes creditors mean to do an "AR" (account review) which should be a so-called soft inquiry, but they sometimes pull it the wrong way and it's a hard inquiry. From my experience it is typically not the original creditor that does this, but the collection agencies that play games....
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  • justbroke
    replied to Should I File Chapter 13
    Thank you for the update! Let's hope that this works well for you and that you don't lose any (more) sleep over your student loans!
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