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despritfreya
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Last Activity: Today, 12:01 PM
Joined: 08-01-2010
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  • You absolutely mention it to the attorney. Unless you were paying in cash there are bank records so the Trustee will find out.

    How old are the children? Are they still your "dependents" for tax purposes?

    And. . . ceasing payments then waiting 90 days is not going...
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    Last edited by despritfreya; 07-17-2018, 07:06 AM.

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  • despritfreya
    replied to Should I even respond?
    Why do you think that you were "stupid" or need to wait? Unless you have some altruistic reason to "protect" an institutional lender such as a credit card company, the preference IS NOT your problem. It is the credit card company's problem. Please do not think that "Oh I...
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  • Not sure you have a handle on this so, here it is:

    1. Once the bankruptcy is filed, it does not matter when you receive the inheritance. It matters when you first had an interest (right to receive) the inheritance. Your interest (whatever that may end up being) arises when the testator...
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  • I just noticed that the title to your thread says "dismissed". Did you mean "closed" in 2017?

    As to the inheritance, if your husband was entitled to receive it before the case was filed or became entitled to such within 180 days after you filed then it belongs to the...
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  • Not knowing even one thing about your case, the only things I can think of are:

    A settlement from a class action stemming from some "injury" that may have happened before you filed bk. I have been dealing with former NFL players and their settlement and those involved with the...
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  • 2twistedsis
    2twistedsis posted a Visitor Message for despritfreya
    We have a 2004 examination coming up on July 10th. We filed bankruptcy in Oct 2005. The bankruptcy attys kept our case open till they were finally able to get money owed my husband from his former boss then our case was closed in July 2017. NOW we get a letter that it is reopened and we are to appear...
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  • Please refer to 11 USC 349 in general but specifically subsection (b)(3) as it relates to the correct impact of the dismissal of a case.

    As it relates to OP's situation I have to wonder what other debt there is. In most instances you do not file a bk over one creditor as "two party...
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  • despritfreya
    replied to Mortgage company hired an attorney?
    Yes - a Notice of Appearance is normal. Nothing to worry about.

    Des....
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  • Your creditors had until about June 26th to file a 523/726. That was only a week ago. Assuming no one filed anything and further assuming you filed your Financial Management/Debtor Education certificate, maybe give the clerk of the court a chance? You should have your discharge within a week or so....
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  • The 3rd has the right to foreclose. Whether or not it will is a question. Since it is in 3rd position, it will take the property subject to the two other mortgage liens. If it fails to service those liens one of them will foreclose.

    A junior lienholder will look at the value of the...
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  • despritfreya
    replied to Distribution of funds by trustee
    I agree with your concern about throwing money down the drain if the Trustee is going to take the vehicle. This is a tough call. Ask your attorney about having the Trustee issue a Notice of Abandonment once you are sure the vehicle is safe. I recently did this in a case and the Trustee was agreeable....
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  • despritfreya
    replied to Distribution of funds by trustee
    I suppose a trustee can do it either way but, without a specific court order (usually related to paying priority taxes since priority claims get paid before general unsecured claims) I have not seen a trustee make a distribution before he/she has collected all he/she can.

    As it relates...
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  • despritfreya
    replied to Distribution of funds by trustee
    In response:

    a. A notice filed with the court advising creditors that the Trustee may have funds to distribute is filed at any time after the Trustee believes there will eventually be funds to pay. It has nothing to do with whether or not the trustee has already liquidated assets. The...
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  • Just saw that OP and the Trustee are settling.

    I have no doubt the judge denied OP's motions relating to the 2004 order and gave a "dirty" look at the Trustee regarding his/her objection to exemptions, motion for turnover and motion to compel. My guess is that the judge sent...
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