Archive for the ‘ Chapter 13 ’ Category

If a client files a chapter 13 bk in 2002 and converts it to a chapter 7 and is discharged in 2005, can they file another chapter 7 in 2011? What law clarifies this question?
i am not an attorney or a law student, I was simply wondering. Thank you.

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years ago I purchased a 2 BR mobile home. The interest rate of the loan was at 18%.The total amount borrowed was 32,000.00. After 2 years I had another child now making the home too small and after 4 years of making all my monthly payments in full and on time, I realized I was getting no where fast. So I decided to file for chapter 13 bankruptcy which would consolidated the amount of the loan down to only what the MH blue book value was which was 16,000.00. I then made 3 yrs of payments through a trustee and I now own the home, but with no land attached it’s worth the same as a car. I have a substantial amount of income and have been on the same job for 6 years, but due to the bankruptcy my credit sucks and I can not even get financed for a new bed. My bankruptcy was complete and discharged a little over 1 year ago. From what I understand I need to be discharged from bankruptcy at least 2 years before I can get approved for any loan. I am in desperate need of a real home.

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I had a free consultation with a attorney today in ""Florida"". he states that a family of 5 with less than ,000 dollars in income can discharge all unsecured debt. He also stated that i can have the courts pay what is owed on my vehicle and repay my past mortgage payments and car off in 5 years through the trustee. Has anyone had a similar plan or know for sure this i true??

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I have been going thru a Chapter 13 Bankruptcy and just received a letter stating
ORDER ON TRUSTEE’S MOTION TO DISMISS WITHOUT PREJUDICE
What does this mean??

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I did talk with my attorney about this but he gave me no kind of answers, so I will not use him again, for help. I am currently in a Chapter 13 Bankruptcy, and what I wanted to know could I stop paying on this one and let them discharge it, and then turn back around and file either a 7 or a 13 which ever one will be best for me. The problem is this: I have alot of medical problems and at the present have 00.00 in medical bills I just cannot pay. I have tried to pay on them, but just do not have enough of money to pay them, for I don’t make much at all.I do want to keep my house, and I do have a 2nd mortage on it for about 4000.00. Could I do a 7 and keep my house, or would it be best to do another 13. And can I do one after this one would be discharged? I am so mad at this attornery for everything I asked him, he would say, I don’t know, but yet he was telling me to quit paying on this one and let them discharge it and then come and see him, but he could not give me specific answers as to these questions I am asking above. I know I will have to retain a different attornery for I will not use an idiot like him. Can you please give me some answers for I am in a mess, for I have no medical ins. at all, and I am all alone with no one to help me with this. I have been told if you file a 7 that a 2nd mortage can be terminated also, is this true? Any help will be so deeply apprecitated and please no smart answers for I am under so much stress about this, What can I do?

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ok i filed chapter 13 bankruptcy 3years ago and have been making payments on my car i recently converted my case to chapter 7 i wanted to keep my car and maintain payments but found out that i was behind somehow by like 00 and they say in order to keep my car i have to pay that 4k can they repo my car if it has been charged off i live in texas ,000 is what the total pay offf is need answers plz asap thanks

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my chapter 13 is 100% pay can the trustee go into my bank account if i leave money in there every week to live on can he take it out. the I.R.S. is included in my payment

thanks
mary

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"I am currently in a chapter 13 bankruptcy and need to find a place to rent. I am not a bad person but have had some really bad things happen and had to get on a repayment plan through the courts. Now I need a place to live. Will I be able to rent from someone in my situation? I am a single parent and I need a home for myself and my child. I’ve been on my job for a long time now but need to find a place that rents for less than what I was paying to make ends meet. I moved with my parents but can’t stay here for long because of the space. Will I get turned down if I try to find someplace to live? I am willing to pay extra deposit or rent if reasonable. Does anyone know a website that address this situation.

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I got into a car accident, it was a total loss, and the place where I got it from didn’t offer gap insurance. My insurance company paid about 00, and I owe about 00 on it. I haven’t been able to pay since March 2011. I am possibly eligible for Chapter 7 with all of the other debt that I have. I am unfortunately seeking bankruptcy. Can I claim this loan in bankruptcy? What will happen to it if not? I’m making my first payment very soon either way. I bought a car with cash, but it is old, 14 years old.

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Just ended Cht 13 after 42 months!! As of July 1st we were done but, that’s when GMAC quit accepting our mortgage payments. Truth be told I missed a payment back in November of 2010, and another in March 2011, So July 1st I’m out on chpt 13 and try to make my on line payment, like I have been and I was met with a "stop on account" I tried several times and failed, sent emails and asked why? A return Email said to contact the Bankruptcy Dept. I did, and was told there was issues on the account do to the changing of hands of the attorneys for GMAC, well at the end of the conversation the Bankruptcy Dept said they would look into why there was a "stop" on the account and I agreed to call back on the 29th (July ,29th 2012) willing to make a double payment to cover the beginning of Aug. I called and was told that they could not accept my payment, and was told to have my attorney contact theirs. Can anyone one out there tell me what I’m up against? And why this happened at the end of Chpt 13? Best of all what can I do? I have enough money to make two payment but as of now, not enough for four payments.
Thank you in advance.

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I am looking at buying my girlfriends home, she had done a chapter 13 and has a few years before it is discharged. She is paying a high interest rate and that along with the high trustee payment she cannot make the payments. We are not getting married for a year so I was going to try and buy her out. The problem I run into is showing my income along with hers. she will be living with me when I buy the house but how can I show her income on the mortgage application. With both incomes there will be no problem getting loan, but with just my income it will be close if I get the loan. We will be living together until we get married so I want to be able to show both incomes on the mortgage application.

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I’m in Texas, so other Texans opinions would help. I filed for bankruptcy almost a year ago and have been doing great making payments, but the mortgage company has decided to throw their hat in and even though payments were being made the trustee and judge saw fit to triple the amount I was already paying. I hear a lot of people filing for Chapter 7, but I haven’t heard of anyone finishing a Chapter 13. I have four more years on this and would be encouraged if anyone has a success story about finishing their Chapter 13 payments for the full term. I would appreciate if cynics kept their snide comments to themselves.

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I was listening to my recorded lecture, but I could not catch the word my professor was saying.
He said " A young lady filed Chapter13 by herself without an attorney. What is that called?"
There was the background noise and I his voice was blocked and I can not get the word.
Does anybody know the terminology for a person who is filing chapter 13 by herself?

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I talked with the BR Atty. yesterday and he said my fee to the trustee could not be lowered due to what has been already done. He told me if I can’t pay the trustee the my case will be dismissed and all the creditors can come back after me, Now I have one year to go, Haven’t my creditors been paid? And what is the percent or chance they would come back after me if this is dismissed due to my financial situation at this time. Reason being the payments stopped my husband passed and he paid the trustee, little did I not know he didn’t for awhile when he was ill, the BR was filed in the state of California! Someone have some answers that went threw this and had to have thier case dismissed for certain reasons, the other option he gave me was to re-file chapter 7 to me that defeats the purpose plus I don’t have the income right now to even pay him to start a Chapter 7!

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I filed chapter 13 bankruptcy 5 years ago. I finished it a year ago and was informed that private sallie mae loan was defaulted and turned over to Allied Interstate. I contacted them after my ch 13 was finished. Allied Interstate said that After I pay 3 months of payments that they can put me in the 0.01 percent interest payment plan since my loan has been charged off. This has never happened. After 6 months I would call Allied and they would tell me something like check next month. Now it has been 9 months, and Allied has told me that there is nothing that they can do, and the guy tried to get me to settle with them ,and find a loan somewhere.

Every time I call Sallie Mae, they transfer me to Allied Interstate. I have been making these payments on time for 0.00 and my loan total has been going up instead of down. What can I do?

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So my bf is thinking about filing chapter 13. They said he won’t owe child support arrears as long as he pay 400 a month plus half of his taxes every year for 5 years. But he forgot to ask if he files will his children’s mother receive a check for everything owed. I told him most likely she will but I’m not sure. But I was just wondering would she actually get a check for what owed to the kids its a little more then14,000 plus interest which adds up to over 18,000. Thank you in advance BTW.

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a. can you file a chapter 13 if you are unemployed and receiving unemployment insurances.
b. what are New york exemptions
C. if i chose chapter 13 will I have to continue to pay interest on my unsecured debit?
d. does chapter 13 kill your credit score?

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So my hubby and I joined a debt settlement company to help with our k debt. It was originally for 48 months, we have completed 18 months and payed off some debts already. So now I have been served with 2 summons from 2 of the debts. the debt settlement company tried to settle with them, but they want way more than we can afford) Has anyone been thru this? My options are go to the court date and see what judge decides I have to pay, pay the huge amount they want(which we can do for a couple months but then just default again) or do Chapter 13 bankruptcy. This is just awful because I feel we were on the right track paying off the debts and learning how tomdeal with credit. I live in Texas so they cannot garnish wages or have a lien on my home. They can only put a levy on our bank accounts, which we no longer have direct deposit and have minimum cash in there in order to avoid them taking everything by surprise. Any opinions?

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I filed for Chapter 13 in Sept. 5, 2002 and the release date is Sept.5th. 2007. I will have overpaid my payments and want to know what the time period is for RECEIVING THE DISCHARGE LETTER IN THE MAIL?

I reside in Macomb, Michigan
I was told is was 4- months. Will a lawyer speed the process?

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I filed for Chapter 13 in November 2009. I now cannot afford to make the payments even though it is taken out of my paycheck biweekly. Is it a good idea to cancel my bankruptcy? If so, what will happen from there.

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