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bcohen
Registered User
Last Activity: 07-16-2018, 09:32 PM
Joined: 06-12-2010
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  • This is a topic which comes up here from time to time, and the solution is extremely simple. You (through your attorney since you have one) need to tell the creditor that the merchandise has been lost or broken, and that you no longer have it. Thus, you are unable to give back the iPads or to make...
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  • bcohen
    replied to Paying off a card before filing
    Would it "reflect negatively on [you] somehow in the proceedings" if you pay off the $500 card. Of course not. However, it would be a complete and utter waste of money, because even if you pay off the card to a zero balance, the creditor is almost certainly going to close the account anyways...
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  • bcohen
    replied to Repo when you owe less than worth?
    You do not need to worry about this, as you are planning to file Chapter 13 bankruptcy. Only in Chapter 7 is a lender permitted to default the loan if you don't explicitly reaffirm, and repossess the vehicle--even if the loan payments are/were current. Few lenders do this, and I don't believe Ally...
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  • bcohen
    replied to After bk
    Actually, a lottery win would only be property of the bankruptcy estate if you purchased the ticket on or prior to your filing date. If you bought the ticket after you filed, the trustee would be no more entitled to the money than he would to income from a job which you started after filing.
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  • It should be noted that dismissal of a Chapter 7 bankruptcy does not prevent the trustee from administering any non-exempt assets that you might have, or inherit within 6 months of filing. All the dismissal means is that you won't receive a discharge.

    It should also be noted that the definition...
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  • All I can say is why bother? Since you have presumably already paid the attorney fees, and other costs to file, and will still have the Chapter 7 bankruptcy on your credit report for 10 years, I am having a very difficult time seeing what you have gained by all this. I would have let the bankruptcy...
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  • bcohen
    replied to Notice of lawsuit filed by creditor
    This is completely normal. Discover is merely hedging its bets in case your bankruptcy gets dismissed. If your case proceeds to discharge, Discover will not come after you for those debts ever again.
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  • One thing I always caution people on who are considering surrendering a purchased house is to compare the monthly cost of ownership to the monthly rents in your area. In many areas, it costs way more per month to rent a similar home than it does to own, and I am not just talking about the mortgage...
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  • bcohen
    replied to Renting Apt During Ch 13
    Apartments which cater to college students understand that most students are unemployed, or work a part-time job at best. Typically, there is not an income requirement, and good credit (or even no credit) together with proof of being a student in good standing will be sufficient. Also, although wanting...
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  • bcohen
    replied to Are Indian tribal loans dischargable?
    Of course, the debt is dischargeable, as are loans from a loan shark or other criminal enterprise. Whether or not such an entity actually abides by the automatic stay and discharge order is another matter entirely. People and businesses who operate outside of the law are not necessarily going to comply....
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  • bcohen
    replied to Car repo
    I am amazed they took it. It will most likely be sold for scrap, and One Main won't even get enough for it to cover the towing and storage charges. Not your problem, though.
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  • bcohen
    replied to Lease agreements
    Unless the phones are high-end Samsung or Apple products, the company isn't going to want them back. A phone which retails for $300 or less new is not going to be worth their effort to refurbish and resell. There are businesses which will circumvent the SIM card lock for you, allowing the phones to...
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  • bcohen
    replied to GPS Tracker on Vehicle
    Exactly. How on Earth are you liable for something which was placed in or on your vehicle without your knowledge or consent? I would tell them to pound sand. The recovery company cannot report as stolen something which THEY placed upon your property, nor can they report the vehicle itself as stolen--only...
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