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I thought declaring Chapter 13....

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    I thought declaring Chapter 13....

    you know, I was under the impression that doing chapter 13 would actually be easier to do than a chap 7 because your repaying back either all or part of the debt. According to the letter the trustee sends out in introduction they claim they want to work "with" you to help make this successful and for things to go smoothly because they want you to be able to succeed and they don't want you to fail... HOWEVER in reading many of the posts on here, it's nothing but a nightmare as they pick you apart trying to find holes in your situation so that they make it as hard as possible for you to do the plan or follow through with the plan. What really is the point??

    #2
    I thought declaring Chapter 13....
    --------------------------------------------------------------------------
    you know, I was under the impression that doing chapter 13 would actually be easier to do than a chap 7 because your repaying back either all or part of the debt. According to the letter the trustee sends out in introduction they claim they want to work "with" you to help make this successful and for things to go smoothly because they want you to be able to succeed and they don't want you to fail... HOWEVER in reading many of the posts on here, it's nothing but a nightmare as they pick you apart trying to find holes in your situation so that they make it as hard as possible for you to do the plan or follow through with the plan. What really is the point??


    Yeah, I know, just plain greed. The Trustees are on the side of the creditors, the more they can squeeze out of you better for the creditors and of course the Trustees pockets.

    Catchmeifyoucan
    July 2006: Filed Ch13 :blink:
    Oct 2006: Converted to Ch7 :clapping:
    Jan 2007: DISCHARGED :clapping:
    Nov 2007: CLOSED :yahoo::yahoo::yahoo:

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      #3
      Originally posted by quietsound View Post
      you know, I was under the impression that doing chapter 13 would actually be easier to do than a chap 7 because your repaying back either all or part of the debt. According to the letter the trustee sends out in introduction they claim they want to work "with" you to help make this successful and for things to go smoothly because they want you to be able to succeed and they don't want you to fail... HOWEVER in reading many of the posts on here, it's nothing but a nightmare as they pick you apart trying to find holes in your situation so that they make it as hard as possible for you to do the plan or follow through with the plan. What really is the point??
      Ultimately it's a trade-off, quiet. In Ch 13 we get to keep all secured assets, even if we are behind on payments, and pay off overdue taxes through one set payment - in Ch 7 that's not possible. In return 13ers get greater scrutiny from the courts over a longer period of time.

      Also if your income is above the state median for family size, Ch 13 can be your only option to return to financial sanity. Trust me, it's better than the hell of being unable to climb out of a financial hole despite years of trying, especially when the hole is not due to something you caused personally.

      See http://moranlaw.net/bankruptcy_discharge_compared.htm and http://www.personal-bankruptcy-chapt...apter-13-7.htm for a good side-by-side comparison of both bk chapters.
      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

      Comment

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