Announcement

Collapse
No announcement yet.

User Profile

Collapse

Profile Sidebar

Collapse
Profile Picture
despritfreya
Registered User
Last Activity: Today, 06:37 PM
Joined: 08-01-2010
  • Filter
  • Time
  • Show
  • Source
Clear All
new posts

  • despritfreya
    started a topic In for a penny - In for a pound

    In for a penny - In for a pound

    To all you potential bk filers I want you to understand that filing bankruptcy is a very serious thing. Once the case is filed (especially if you file a Chapter 7), you are not getting out of the case if assets are found. There are very few “do-overs” and your realization that you “made a mistake”...
    See more | Go to post

  • I don’t see a big issue.

    1. If the Clerk of the Court truly made a mistake by entering the Chapter 7 Discharge after your case was converted the Judge can simply vacate the "in error" filing.

    2. My guess is that you were fighting with the Trustee relative to certain...
    See more | Go to post

    Leave a comment:


  • despritfreya
    replied to About to file Ch 7 .. devastated
    Welcome to bkforum. Many will post in support of your situation as you are not alone.

    While I realize this is easy to write and tough to take in, your situation is not a disaster. The decision to file bk is no different than any business decision. Once you recognize that this is strictly...
    See more | Go to post

    Leave a comment:


  • despritfreya
    replied to Secured debts paid first?
    karna68

    Unless the Order Confirming provides otherwise (rare), unsecured creditors get paid last - the pecking order:

    *Trustee fee
    *Priority Domestic Support (some jurisdictions don't follow this and pay debtor's counsel first)
    *Debtor's attny fees
    *Mortgage...
    See more | Go to post

    Leave a comment:


  • despritfreya
    replied to Secured debts paid first?
    Unsecured creditors are last in the pecking order. Nothing for you to worry about.

    Des.
    See more | Go to post

    Leave a comment:


  • With the exception of a few comments (most notably - a Trustee does not dismiss/deny a case - a judge does that & our President has not personally filed bk - he authorized the filing of around 30 bks for his many entities), the depiction is pretty accurate when the bk is "high profile"....
    See more | Go to post

    Leave a comment:


  • despritfreya
    replied to A major change?
    If your ability to make the monthly Plan payment has been impaired then a Modified Plan reducing the payment may be the way to go. It depends upon the overall Plan funding that must be met.

    Keep us posted.

    Des....
    See more | Go to post

    Leave a comment:


  • There is no way anyone not familiar with your case could answer your questions. The continued hearing may or may not have been cancelled. You may or may not have to attend.

    Call your attny tomorrow morning since, other than the Trustee, he/she is the only one who knows the answers to...
    See more | Go to post

    Leave a comment:


  • despritfreya
    replied to A major change?
    Trevor,

    I can't remember but I think you have a Confirmed Plan. Unless the Order Confirming requires you to file amended Schedule I and J when there is a significant change in your income and/or expenses, in AZ moving is typically not a big deal. What is a big deal is making sure the...
    See more | Go to post

    Leave a comment:


  • despritfreya
    replied to Not Discharged
    You are most likely correct. The case will probably remain open until the AP is concluded, at least at the bankruptcy court level.

    Des....
    See more | Go to post

    Leave a comment:


  • despritfreya
    replied to Not Discharged
    I am glad to read that you obtained your Discharge. Congratulations.

    I need to caution you - as I am sure you attny has done.

    Your discharge has nothing to do with your Trustee or whether or not you get to keep any non-exempt assets. Until those non-exempt assets are abandoned...
    See more | Go to post

    Leave a comment:


  • Income received in the same month as you file is not calculated for means testing purposes.

    The question is whether or not you receive and properly spend the funds before filing or, if not, whether the funds (or wages due) can be exempt. Discuss with your attny.

    Des.
    See more | Go to post

    Leave a comment:


  • despritfreya
    replied to Trustee hired an attorney?
    Welcome to the Forum.

    Unfortunately, there is no way for us to know exactly why such has happened in your case. Typically, a Trustee hires an attny if there is an asset that he or she thinks might need additional assistance to recover and/or sell. Attnys are also hired if the debtor operates...
    See more | Go to post

    Leave a comment:


  • If you manage to pay 100% of all allowed claims in less than the intended Plan duration your case will be over and a discharge will be entered. So. . . yes it is possible.

    Des.
    See more | Go to post

    Leave a comment:


  • despritfreya
    replied to car transfer
    With all due respect, the above is a dangerous road to travel and conjuring up excuses for the transfer could land one in jail.

    youmanyo

    While the Statement of Financial affairs requires disclosures of transfers within 2 years prior to filing, most, if not all, State fraudulent...
    See more | Go to post
    Last edited by despritfreya; 07-04-2019, 04:37 PM.

    Leave a comment:


  • despritfreya
    replied to Utility disconnection
    What a utility company can and cannot do is a bit more complicated than what bcohen has alluded to.

    The Utility's bankruptcy rights are stated in 11 U.S.C. 366.

    If the delinquent debtor does not give adequate assurance of future payment within 20 days of the filing date,...
    See more | Go to post

    Leave a comment:


  • The Trustee's administration of your case has nothing to do with the entry of your discharge. So long as no one has filed either a Complaint to deny you a discharge or a Motion to extend the corresponding deadline and you have taken the second class with the Certificate filed with the court, you will...
    See more | Go to post

    Leave a comment:


  • The Trustee is advising creditors that there may (or may not) be assets in your case and is telling them to file a Proof of Claim by a date certain. While this is the process used if a Trustee thinks there will be a dividend paid to creditors it does not necessarily mean that, in the end, there will...
    See more | Go to post

    Leave a comment:


  • It means that your Trustee is advising your creditors that he/she either has or expects to have funds he/she can pay to them. Maybe a tax refund you are turning over. Maybe some non-exempt asset the Trustee is selling or you are buying back. Maybe something else.

    If creditors want to...
    See more | Go to post

    Leave a comment:


  • As you already know, if more than 50% of your debt is not "consumer" in nature you do not have to "qualify" to file a Chapter 7. Means testing is not applicable.

    Assuming you are not a "consumer filer", your case is not going to be forced into a Chapter 13....
    See more | Go to post

    Leave a comment:

No activity results to display
Show More
Working...
X