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How confedential is Ch. 13?

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    How confedential is Ch. 13?

    I am wondering who will end up finding out about me filing ch.13. Would rather not have my employer find out. Is this possible. I dont have any garnishments are anything.

    #2
    Many cities where a Federal BK Court is located post BK filings in the newspaper. Hardly seen in larger cities, but could be a problem for you if you live in a smaller community.

    Beyond a happen stance "seeing the posting in the newspaper", only the people you tell directly would know.

    Unless, the Trustee requires you to make your plan payments via payroll deduction. Otherwise, you'd make your plan payments personally and no one you work with would have to know.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      I live in Denver, so its not a small city. So you are saying the only thing I can do is hope that I am not required to make the payment via payroll deduction? Or will I have a choice?

      Comment


        #4
        Originally posted by Wizardree23 View Post
        I live in Denver, so its not a small city. So you are saying the only thing I can do is hope that I am not required to make the payment via payroll deduction? Or will I have a choice?
        That depends on your trustee. Some do allow direct payment by personal check or money order, but others only allow direct payroll deduction. If you filed with a bk lawyer, he/she is likely aware of what kinds of payments your trustee will accept.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

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          #5
          Originally posted by Wizardree23 View Post
          I live in Denver, so its not a small city. So you are saying the only thing I can do is hope that I am not required to make the payment via payroll deduction? Or will I have a choice?
          Another Denverite here (at least I work in Denver.) I've never seen BKs in the large papers (Denver Post or Rocky Mountain News.) If you work at a small company, I'd ask the trustee for an alternative over payroll deduction. Although it's illegal to discriminate based on Bk, it's very hard to prove.
          *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

          My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

          Comment


            #6
            I think there was another thread about this in the last few weeks, but it is public information. If you have any friends or relatives or employers that read the court filing fine print in the newspapers, they will know. But how many people really do that??

            Secondly, it also can help if you file in a different location from where you live. I live 30 miles north of Cincinnatio OH and 20 miles south of Dayton OH. My lawyer had the option of filing in Cincinnati or Dayton, but he said the Dayton Trustee was more agreeable and easy to work with. So the BK filing was published in the local Dayton newspaper, which noone in my town gets or reads.
            Date Filed: 12/19/2004
            341 Meeting: 2/8/2005
            Date Case Confirmed: 7/12/2005
            Closed on Refinance/Chapter 13 Buyout 8/23/06

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              #7
              after you file you can do a google search on your name and it's all there. well mine was

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                #8
                Originally posted by Peevee View Post
                after you file you can do a google search on your name and it's all there. well mine was
                I tried that, but mine wasn't there on a goggle search. To find my case, either you have to go into PACER or get access to the Court Records online or in person. Or pull my credit.
                Date Filed: 12/19/2004
                341 Meeting: 2/8/2005
                Date Case Confirmed: 7/12/2005
                Closed on Refinance/Chapter 13 Buyout 8/23/06

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                  #9
                  Originally posted by Jman30 View Post
                  I tried that, but mine wasn't there on a goggle search. To find my case, either you have to go into PACER or get access to the Court Records online or in person. Or pull my credit.
                  It depends whether or not your name is on a docket and whether the webmaster allows their server to be spidered by search engines.
                  *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                  My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

                  Comment

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