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East TN Chap 13

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    #1

    East TN Chap 13

    Greetings. I had a co worker ask me this, (I guess he figured since I had filed I would know, who knows) and since I had no clue what the answer was, I am now curious to know myself what it is.

    "How does the trustee know when you take on new debt in a Chapter 13?"

    (Believe me, I told him that considering what could happen, to even think of it was NOT a good idea.)

    I thought it was probably by credit reports, but who knows. (When I did collections we were always told they didn't update routinely so I am not sure about that answer.) So I figured I'd post here and "pick the brains" of everyone else to see what they knew.

    Thanks for the help in advance!
    I'm not a lawyer or legal expert, just offering advice on what I may have gone through and/or have knowledge of. Good luck!
    341-done
    Last date for objections: 02/21/06 - done
    Discharged: 02/24/06
    Case closed: 3/8/06
    Tags: None
    #2
    It really depends on the Trustee. Some are hound dogs following their filers' every move. Others could care less what you do once your plan is Confirmed.

    There's been a poster or 2 here who did not know they couldn't take on new debt in a Ch 13. They accepted some of those "pre-approved" CC offer mailers we all get. They were lucky and did not get caught.

    Like you said, the consequences are simply to great to risk getting caught. So why bother??!!

    Your friend is gonna do whatever he chooses to do. You can give him/her your best advice and hope he/she listens.
    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...

    Comment

      #3
      The best advice would be to not obtain any additional debt without the approval of the trustee. Will the trustee catch you...probably not...unless you can't pay the debt back and a creditor files a suit against you.
      Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
      Plan Confirmation 6/16/06 :yahoo:
      Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

      Comment

        #4
        well, they would know if they see payments going out to them if they review bank statements. ???
        Chapter 7 Pro Se....Discharged Feb. 2006

        Comment

          #5
          Originally posted by cindylynnsmith View Post
          well, they would know if they see payments going out to them if they review bank statements. ???
          Yes, there is always the possibility of that happening, however, I have never heard of a trustee looking at peoples bank statments after the plan is confirmed.

          I think it best to not use credit while in a chapter 13 just in case. Hell, the offers I've gotten in the mail are for a 400 credit limit and pay them 300 in annual fees...rediculous.
          Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
          Plan Confirmation 6/16/06 :yahoo:
          Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

          Comment

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