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despritfreya
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Last Activity: Yesterday, 09:27 PM
Joined: 08-01-2010
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  • despritfreya
    replied to Can I Fire My Attorney?
    Unfortunately, the reality is that you do make a lot of money and the bonuses along with the refunds must be accounted for whether you have that money sitting in the bank or not.

    The fact is - your net income is not simply your net basic salary. It includes the "savings account"...
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  • despritfreya
    replied to Haven Act Law & Confirmed Chap 13
    I have now looked at the new law. It was signed on August 23rd but does not have a specific date that it takes effect. My understanding is that a Federal law which does not designate an effective date becomes effective when enacted. It is also my understanding that the signing of the Bill by the...
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  • If you don't need the service get rid of it or, at least find something cheaper.

    Me:

    No cable or satellite TV;
    No paying to watch a movie over the Internet - no Netflix or the like.
    $48/month Internet (Centurylink) - no problem streaming movies so clearly it is...
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  • despritfreya
    replied to Haven Act Law & Confirmed Chap 13
    Unfortunately, at this time, I have nothing to add to this as I have no familiarity with this issue.

    Des.
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  • despritfreya
    replied to Can I Fire My Attorney?
    You are not locked in. The problem is finding an attny willing to take over an on-going case. We do this from time-to-time. Before taking over the case I carefully explain to the potential client that, in the long run, the legal fees will be much higher due to the learning curve and correcting any...
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  • despritfreya
    replied to Pay Increase/Length of Plan Changes
    Welcome to the forum.

    Your commitment period was 36 months on the day you filed. That will not change. You are now past the 36th month with only 10 months left to go.

    Talk to your attny about shutting the case down by tendering the balance owed under the Plan (monthly payment...
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  • The judge utilized Section 105(a) to create an equitable remedy. Congrats!

    Des....
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  • In my opinion, the fact that the SL are non-dischargeable does not eliminate the requirement to meet the commitment period. They are 2 separate issues. Unless ALL allowed claims, including the SL, are paid in full the Plan stays at 60 months.

    Have you discussed with your attny converting...
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  • despritfreya
    replied to Inground pool loan
    All creditors must be included.

    Whether or not the discharge will protect you is the question. If the finance company has a lien against your home (most pool finance companies do), you will discharge the debt but the lien will survive.

    How much is owed?
    When did you...
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  • If you were above median income when you filed then your commitment period is 60 months. In most jurisdictions, if you want to get a Chapter 13 Discharge you have to pay for 60 months unless you pay 100% of all allowed claims in less than that time.

    So, were you above or below median income...
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  • despritfreya
    replied to Can I Fire My Attorney?
    Before you fire the attny, how about setting an appointment to meet with the attorney instead of sending emails? It's kind of hard not to respond to a client sitting in my office.

    Most of the time the issues that delay Confirmation can be resolved.

    Des.
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  • despritfreya
    replied to Wildcard & unused homestead
    There are not too many Chapter 12s filed in my State (typically no more than 3 or 4 per year) I have done a few of them and they worked to perfection.

    The protections allotted to the "family farmer" are superior to those for a typical consumer under Chapter 13. Not knowing...
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  • despritfreya
    replied to Wildcard & unused homestead
    Thefarmer Welcome to bkforum.

    Do you want to continue to operate the farm? If so, you need to discuss with an attorney the benefits of a Chapter 12 - and the benefits of a Chapter 12 are substantial.

    Please note that if the USDA has a blanket lien (UCC1), filing a Chapter...
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