So in a Chapter 7, the trustee can object to proofs of claims. In my case, I think he would want to considering the underlying factors and broken chain of title. It's an old Countrywide loan that was part of the BOA and Fannie Mae settlement. I never got to find out what all the issues were concerning...

I guess a conversion camper van would not be considered a house lol. Or I can't use the money to buy property and put a house on it? Either way, in my case, looks like the Chapter 13 trustee would get fees from the sale so not much difference than a Chapter 7....

All of our debt meets the criteria for discharge under Chapter 7 so you are saying that the interest already paid on the IRS debt get discharged and the amount owed get readjusted?

If you are in a 100% plan and not sure what to put on taxes owed for your plan, will you be able to amended...

Does the trustee get 10% of the sale? Does this need to be as an option in the plan, right to sell or intend to sell? I know it has to be approved so motion work will be necessary.

Thanks for the feedback!...

Yep. Although the attorney he is talking to tomorrow who almost represented me told me at that time I could have also filed a Chapter 7 and passed off the taxes to him. I don't know why he can't do the same in a Chapter 7, especially if they are in my 100% plan?

Thanks for posting this,...

So initially we were looking for my husband to file a Chapter 7 since he has no assets and our family (also individually) will meet the means test if we file within the next month. I would file a Chapter 13 since I have a house with significant equity.

He was using upsolve and a flag popped...

You made my day today! I think you are amazing!

So the former servicer is Ditech and I think this is the first time that a mortgage service was able to sell it's assets free and clear of consumer claims. This left consumers with little rights and protections. Here is an article detailing...

I will have to read about him when I am done researching crap about BK that I don't know. I started a while back, then stopped and old age made me forget most of what I learned. The only thing that I got going for me, is a flexible job and sheer will and determination.

I will tell you some...

That attorney Schlichtmann guy is my kind of guy! lol

I agree 100% and this is the problem. I already stated there is no access to justice unless you have money and that is NOT fair but it is how the system works.

I do think I fit a narrow exception to the caselaw but again, the problem is very few consumer attorneys here in my state understand...

Thanks for your feedback. So I would include monthly expenses on schedule J correct?

I am most definitely not looking to file on my own as some sort of "challenge."

So you think claims of recoupment and TILA/RESPA/FDCPA objections are not complex and fairly typical?...

I agree, I am not sophisticated and I am not educated in bankruptcy law which is why I am here to learn in the event that I have to represent myself.

And if my chapter 13 is not a success I can convert to a chapter 7 no?...

Hi Des. Yes I may be confused after only slightly reading this case: https://www.govinfo.gov/content/pkg/...bk-60725-1.pdf

If I pay Legal Shield or Legal Zoom and that is a monthly expense, then it would be on schedule J correct?
...

In the event that I must move forward with this complicated chapter 13 myself, against the advice of everyone here, I was wondering where do I claim legal expenses that I will incur? Schedule J or do I need to make an application for professional fees even thought I am not a professional? I've spent...

If I can prove that I am in bankruptcy because of them in the first damn place, then maybe I can get those waived?

In my first lawsuit against former servicer, I alluded to the fact that their mishandling of the loan caused me to pay more in interest on this loan and other debts. In fact,...

I don't want to keep the proceeds from the trustee. I would rather just let all of that go to pay off my debt and move on from this nightmare. Is that wrong? Couldn't it potentially lower my plan payments that are going to be high? If so, it is worth it to me.

Right now, because of the...

Yes I agree, that he should file first and that time is of the essence. This way he can discharge all the tax debt to me and I can pay it in my plan. I think this should free up income from him to support my own plan payments.

Thanks for your input, I was thinking about it correctly it...

What happens to jointly owed tax debt if we have two separate filings? It's been a while but we were told by two separate attorneys that the non priority tax debt can be discharged to the non filer in a chapter 7. This is what we would prefer happen, he discharge it to me and the interest stops....

I thought I had a lawyer to litigate some claims against my mortgage company but I am not feeling confident in him. I paid him $250 to review cases I had and he gave me a discounted rate and wanted a third of my claims. He is 71 so that is also a concern.

I am being foreclosed on Nov....

Can you refi if you have mortgage arrears?...