i am currently in chapter 13 bankruptcy and this month i cannot afford the entire payment to the trustee. actually i am 137.00 short. can i add this amout to the my trustee payment for february, or will the bk court dismiss my bankruptcy

I filed chapter 13 bankruptcy about a year ago.. i just got all three credit reports and it looks like i have a credit card from bank of america that appears to be delinquent.. if i show proof of my discharge, will the debt be erased and the account removed from delinquency? or is it possible that it wasn’t included in my BK?
actually it was chapter 7, not 13.. sorry.

This sounds a little tricky but it’s not really. I am planning on filing bankruptcy in November as a result of a writ put on my bank account due to a credit card that wasn’t paid off (and I was never served the papers for).

I currently live in PA but will be moving to NJ in October which is in my favor pertaining to the BK I learned. Also I am adopting my cousin’s child who will be coming to live with me in Nov. I was told to wait until he is here to file because that will also help my case. My main concern is that I don’t want it to go to a chap 13 BK.

Any advice on what I can do right now to help set myself up for making sure it becomes a Chapter 7 Bankruptcy would be appreciated. Thank you for your help. Any spam answers, pointless one word answers etc.. will be reported.

Thank you,
Mary

Here it is, I was considering filing for bankruptcy and found a firm online that offered a free initial consultation. Half way through my initial consultation I was asked to pay a 0 down payment for a retainer fee for this firm to file bankruptcy papers for me. The phone call lasted about 1 hour. After hanging up I read some info that the bk attorney emailed me and decided that I was not ready to file for bankruptcy. I called the firm back asking for a refund as I had changed my mind, it was less than an hour since I hung up from my initial consultation, so I didn’t really expect it to be a problem. The attorney told me they would not give me a refund & if I tried to stop payment they would sue. Well, I hung up, called my bank and stopped payment and now 2 weeks later they are calling me and threatening "legal action". My question is should I really have to pay them? They didn’t do anything other than the initial consult which was supposed to be free.
I live in California and I did not sign anything. I was not even sent anything to sign. The reason I say he did not do anything is because I did not sign anything that would allow him to start paperwork on my behalf. And as he did not set up any future appointments with me I fail to see how he could have turned down any other clients due to my "retainer"
Rob5279,
I’m curious why you think I’m in the wrong. Doesn’t a customer have the right to change their mind? Especially within a 24 hour period?

i live in ca got one of my properties in foreclosure , filed bk chapter 13 to avoid my creditors putting a lien on my 2nd house. The trustee has set my pmts to 630/month for 5 yrs. i dont think we can make this. my husband and i want to have another baby but we cant if we are still in bk. we only filed because we couldnt sell the house that is in foreclosure now…it was because the market turned sour right at the time we had to sell it not because we are lazy and irresponsiblle people…………….. i want to cancel. i dont want to report everything that happens to me financially to the court. i want my old life back. what are the consequences if i do get it dismissed? what would you do if you were in my shoes? they wont lower my payments and it leaves me w/ no other choice but to drop it.

I am 33 years old single female.I have no children. I live alone. I pay rent in my small apt. I still owe my car. My debt is right now k and is increasing every month because of the interest. Debt its in credit cards and medical bills. I’m a licensed massage therapist and I’ve tried to work in lots of spas but all of them are terribly slow. The most of the days there are no clients. Now I work daytime in 2 spas and nighttime with private clients. But not everyday I have clients either daytime or nighttime.I don’t work with a doctor because I make less money than what I can make in spas and on my own. My income right now is around k annual with a debt of that’s its increasing each month. My lines of credit have been reduced, now I’m only paying the minimum amount and without enough credit available to spend. I am getting physically very sick (which affects my job) and mentally very depressed because of this. I have never being late in any credit card bill, but I will be very soon because the minimum payments will be higher and impossible to pay. I don’t care if I have to pay rent the rest of my life. I just want to be peaceful and pay my basic bills, live in an apt, keep my furniture, my tv and my car. I don’t have luxury and I don’t care about luxury. I have known a lot of people that in 3 years they have built a great credit after a bankruptcy.And I know I can build it up again well someday.I have a friend that 2 years after filing for BK, start receiving tons of credit cards offers. I know that the economy it’s too bad, that millions of people are filing for bankruptcy and the banks make money from interest so sooner or later will offer credit and loans because they won’t have any other choice. About consolidating debt, I have to cancel my credit cards but still paying monthly payments. It’s what almost I’m doing right now, paying but not be able to spend! so what’s the difference? that I’ll be in the newspaper, not being able to buy a house, not getting credit cards for the next couple of years? I don’t think that’s too bad.I can live with that. What I can’t live is with stress, being sick, being depressed, not sleeping well, not eating well because I have to work so hard to pay a huge debt!! So, what would you do in my case? Thanks for reading my thread! and happy holidays.
I would do it if I can pay off my debt in just one year!! but in the track I’m going, the debt will be almost doubled and will be impossible to pay it even in 3 years! And I can work my ass off, but is not only in my hands to do it, the economy is BAD, and in my job, everywhere I look is BAD, so it’s not only depending if I work my ass off or not! I prefer to be embarrased the rest of my life of filed for BK instead of being embarrased because I was sued from my creditors and having all my belongings (like car) repossesed, and being almost homeless! Credit cards are poison, I don’t care getting one again someday actually. I have friends that they don’t have a credit card for years and they are happy. I don’t know why it’s so important for some people to own a house. I can live paying rent, I prefer investing in something more valuable than that, like education and good health.
Yes.. all of you are right. I’m gonna do my research with lots of companies that helps to consolidate debt. I need at least my debt go down 50%!! and decrease for sure the interest rate!
Oh no, I don’t have anything in luxury!! I have a dodge!! you think that is luxury?? I have 60k in debt because has been accumulated by interest for the last 3 years! how I’ve said: my profession is slow everywhere, is not that easy like "finding second job"! there are no clients! don’t you get it?? and actually I’m working daytime in 2 spas and nightime with privates! I arrived at home at 12am sometimes later because my privates live 1 hour away! I DON’T HAVE ANY LUXURY!

Does anyone know what sort of documents are required to show the trustee along with schedules in a BK 13. IE: Taxes-pay stubs etc? Tnx

After paying 4 years into a chapter 13 plan I looked at my file and thought my car was payed off.I called the creditor to find out where the title was and they told me that they had not been recieving payments from the trustee.I called my atty and explained to them that my car should have been payed off and that i was getting hit twice on my credit for negatives.one for the late pays 2 for the chptr 13.He said they would take care of it.I called back to citifinancial to find out if he did and to no avail they hadn’t.I came home one day to find a wrecker truck looking for my vehicle which I only owed 1050.00.At that point I contacted the creditor an told them since my atty was not listening to me nor trying to find out why my direct deposits were not paying my creditors,I would drop the bk and pay them myself.They said ok.Now Im awaiting title but in staed of paid as agreed she said they ould still have to show the late pays which was not my fault.what do i do?

Wanted to know if you can sue someone if your in a chapter 13 bankruptcy. The injury would have happened a year after the filing of BK 13. Not yet discharged still have 2 more years left. Am I able to sue or do I have to amend my plan? Please let me know the law about this! Thanks a million

Hello everyone. I’m a 29 year-old who declared personal bankruptcy in May 2009 and am trying to get my life "back on track" (cliched, I know…). My main question (and reason for posting this on a large community website like Answers) revolves around relocating after a personal bankruptcy. I’m hoping some others on here have had similar experiences. Job opportunities are just not here (in my home area) and I’ve come to the conclusion that, at some point or another, I’m probably going to have to move in order to "get ahead". I have a decent job now but growth potential is almost non-existent and I’ll soon be spending more than I take in (hello financial turmoil, part 2). Anyway, I’m mainly concerned about job hunting/relocating so soon after my bankruptcy last year. I realize many employers and almost all reputable landlords run your credit, and my bankruptcy has pretty much disqualified me from the financial industry and jobs that require security clearances (although I probably wouldn’t be applying for positions in those industries…). Since my bankruptcy, I’ve managed to maintain my finances fairly well and haven’t missed or submitted late payments for any of my remaining obligations since discharge (i.e., student loans and the small credit card I was approved for in late 2009). My current landlord also renewed my lease for another year. I believe my credit score was roughly 670 as of this January – certainly not great but not exactly rock-bottom either). I guess my main question is: is this the "right time" to be looking to pack up my meager belongings and look to start a new life somewhere else? Or should I wait until my credit score improves in a year or two, which may afford me better opportunities? I realize the BK will be on my credit report for 10 years, but I really don’t see myself holding out until then. Any advice/personal experiences/words of wisdom would be appreciated. Thank you!
Brandon and CapWest – thank you for your responses. Both were helpful!

CapWest – I shouldn’t have said "spending more than I take in". I meant to say that, if my income doesn’t improve, soon enough the cost of living will catch up with me. At the current time, 90%-95% of my income goes toward cost of living expenses.

I am a few months into a 60 month plan chapter 13 BK. I owe the creditors about 7,700+,700 lawyer fee. I pay .00 every two weeks. And it is set at 70%. I dont have my home included in this, because I make sure I pay this every month and on time. My question is – what are my chances of calling these credit card companies (or the collection agencies that took over these accounts) and asking them to set up payment plan that I can afford with no interest? I want to hear all advise.

My husband filed a chapter 13 in 2002, confirmed in July 2002. He got his statement the end of June and it shows he still owes 00, meaning his bankruptcy will be running 7 months past the 5 year limit. Is this possible? What happens if his 5 years expires with this balance? He did miss 5 payments when he moved up here after we got married, because the trustee and his lawyer failed to file new payroll orders even after being asked several times. He mailed several payments when it was obvious they hadn’t put in the order. The payroll with holding amount was supposed to be increased slightly to make up the missed payments, but again the trustee and his lawyer didn;t file the paperwork and we finally stopped calling and bugging after several months. Are we now going to become responsible for that unpaid balance or will his bk be extended past 5 years???
not trying to get out of anything- if we were he would have filed a chapter 7 and not paid at all… don’t be so judgemental.
didn’t mean to be rude, just if we have to come up with 00 in one lump it will be tough to do and would be nice to know ahead a little.
also, even with the 5 payments he missed it would have only amounted to about 0, not the 00 still due here at the end

I am currently going thru the proceedings for a chapter 13 BK. We will be doing the repayment program over a span of 5 years, I was wondering if anyone has ever done it and was the payment very high?

If a bank allows you to open a new account after an overdraft account with same bank was discharged in a ch7 bankruptcy can they take funds from the new account to satisfy the discharged one? I had to file both a corporate and personal ch7 BK about a year ago. The bank where I had my accounts was Bank of America. My accounts were overdrawn and that was included in the BK. The BK was just now discharged and that debt discharged along with the BK. I had a savings account with them as well which remained open with a balance of .64 in it and that account is still open today with the same .64. I started a new company (Sole Prop w/DBA) and went to BOA online and opened new business accounts. I am concerned that they would be able to take funds that I deposit into my new accounts to try to satisfy the discharged debt. I have called many people with BOA to ask this question and most have no clue but one said absolutely they could but didn’t seem to have referenced anything other than her own belief when answering. If I deposit funds into these new accounts and the take the funds then my business and me personally would take an unrecoverable hit. So I need to know if they can indeed take funds from the new accounts or do the federal BK laws protect me in that they can not collect a debt that was previously discharged in a BK? I welcome opinions with your answers but mainly request facts that directly pertain to this subject. Thanks for the help!!!

I am considering filing for chapter 7 bankruptcy. I qualify based on the means test, but I purchased an investment property with a business partner 2 years ago. there is no mortgage on the property and it’s only worth about 40k. How would a trustee normally handle this property since there is another owner who is not filing for bk and is not my spouse? does that make that property exempt?

I filed for Bankruptcy in California in 2004. I have just found out when trying to refinance that there is an abstract judgment filed in 2001 in Orange County. 2 part question, Should/Can I file a motion to re-open the chapter 7 and try to include the judgment and have removed? approx cost? The judgement was for ,500. I need the lowest cost option to remove the abstract judgment/lien.
Do I have any recourse on my title insurance because I wasn’t aware when I purchased my home in 2008 there was an outstanding judgment and was under impression the BK included everything? (The BK was due to medical emergency at the time, orginal BK attorney no longer has paperwork)

I’ am debating on whether or not to fill bk or settle my debts. Are there any generalized principals on the subject? What is the average percentage of savings?

Chase will not allow online application on there website if you have bankruptcy. What companies will consider me? I have one card from WAMU, are there other that accept.
Wolfe, the card will be used only as a back up… I will be traveling for 4-6 months over seas, and I want a back up.

2 years ago my only card got crushe in a Manila ATM… lucky my buddy had cash on him. I don’t need a high limit, just the ability to get emergency items.
also, the bk was in 2005, my current fico is 702.

We are planning on filing for Chap 7 bk. We contacted a lawyer and his fee was 00, which includes all filing costs. He said no lawyer would take a payment plan and file the bk without being paid in full first.

1. Is the fee fair, low or high?
2. Is this true that no lawyer will get the bk filing process underway without being paid in full?

Don’t give me a "debt management" of "consolidation" solution as I will report you as a SPAMMER.

I have already begun the paperwork for Chapter 7 bankruptcy and know it will be a long hard road to fix my credit.

This is for those who have already or are in the process of filing for BK or those who know the process well, ONLY.

Fed law requires pre-filing counseling and a "certificate". I can do the counseling class online which I prefer. What companies have people who filed BK used for pre-filing counseling and and post-discharge counseling?

AND if you think I can get around the BK with the amazing "debt consolidation company" you are about to mention, don’t… it just shows you haven’t read my question and have no idea what the process is all about. I have no other options but to file BK right now.

And please don’t preach to me about the evils of credit or bankruptcy or how great your loan co or debt consolidation co is. I’m experiencing the evils and just want my life back