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Chapter 13 Discharged ... But It's Still Not Over ...

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    Munch...munch, aaah popcorn for breakfast! as I sit on the edge of my couch munching away, thinking to self, this is super news and I am SO happy for you
    Giddy with excitment as the end is HERE!

    Filed 9/18/03~341 10/18/03~Confirmed~11/18/03
    Final Discharge~6/24/08

    Comment


      Thanks for the update! I've got my legs crossed, I'm a programmer so I need my fingers. :-P

      Good luck!
      Chapter 13 Filed "Old Law"
      Filed: 6/2003 Confirmed: 3/2004
      Early pay off sent: 10/05/2007 - 9 months early
      11/16/2007 - Discharged!

      Comment


        Praying you get awesome news today!!!
        ~Chapter 13 "Old Law"~ per NDC SITE
        Filed: 6/04 * 341: 7/04 * Confirmed: 10/04 * Case Closed: 4/09 * Discharged: 6/09 *

        Comment


          **on the edge of my seat, munching on b-day cake, not popcorn **
          Last edited by coma; 10-18-2007, 09:21 AM. Reason: spelling
          Filed CH7 - 10/13/05;
          341 Meetings: 11/28/05, 3/20/06, 12/4/07 (3d time's a charm!)
          Converted: 2/15/06 (to CH13), 10/15/07 (Back to CH7)
          DISCHARGED: 2/15/08

          Comment


            I don't know that I would consider an offer that barely covers your lawyers fee's any more seriously than the $500 offer.
            After all covering the lawyers fees is the bare minimum that the judge would order were this to go to court.
            I agree with everyone who has said that we don't need numbers. We just want to hear that you got a settlement you are satisfied with.
            Filed: 10/26/2006
            Discharged: 03/05/2007
            Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

            Comment


              Your husband is absolutely right. Your offer or nothing. Your way or the highway (to the courthouse). If you are comfortable with the settlement offer, then ALL of that cash needs to go to you and your family. The CU can deal with the attorney's fees and court costs.

              Obviously, your attorney will make sure everything is signed and in proper order,and that it includes ALL of their fees.

              Good luck and keep us posted. Of course, a very small part of me would like to see how Judge Judy reacts if you DON'T settle!!
              Filed Business Chapter 7: 7/11/07
              341 Meeting: 8/8/07 Asset Case
              US Trustee reviewed case/resolved 9/14/07
              Discharged: 10/11/07 Closed: 11/2/08

              Comment


                Ah, the latest update of the illegal repossession by the evil credit union serial.....thanks for the update, FH! Hope you will follow hubby's lead and hold out for you deserve. We're all rooting for you!
                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


                  Originally posted by coma View Post
                  **on the edge of my seat, munching on b-day cake, not popcorn **
                  HAPPY BIRTHDAY!!!
                  Last edited by EndInSight; 10-20-2007, 04:17 PM. Reason: can't spell...well can now :)
                  Giddy with excitment as the end is HERE!

                  Filed 9/18/03~341 10/18/03~Confirmed~11/18/03
                  Final Discharge~6/24/08

                  Comment


                    Hi, I am new to forum and just found this thread. I hope you win your case. It would be nice if the judge ordered the cu to print a full page apolagy to your family for the heartache and pain caused to you over their callus treatment of your family. Good luck you have someone else on your side. P.S.
                    Any money received from a lawsuit that is not for injury or illness
                    is taxable,and the expenses for recovery of taxable income is deductable.Please consult your tax preparer for futher info.

                    Comment


                      Originally posted by EndInSight View Post
                      HAPPY BIRTHDAY!!!
                      Thanks
                      Filed CH7 - 10/13/05;
                      341 Meetings: 11/28/05, 3/20/06, 12/4/07 (3d time's a charm!)
                      Converted: 2/15/06 (to CH13), 10/15/07 (Back to CH7)
                      DISCHARGED: 2/15/08

                      Comment


                        Originally posted by tish View Post
                        Any money received from a lawsuit that is not for injury or illness is taxable,and the expenses for recovery of taxable income is deductable. Please consult your tax preparer for futher info.
                        Thanks so much for the info! I heard from a close friend here at work that whatever we got as a settlement or judgement would be taxable ... didn't know about the recovery deduction. We usually do our own taxes using TaxCut or TaxAct or whatever happens to be on sale ... but I think this year we'll have to use my Mom's accountant ... just to be on the safe side.

                        I think there might be a settlement agreement in the works ... waiting on a call from our attorney to go sign paperwork sometime this week to make it official. As soon as my name is on the dotted line, I'll tell you guys all ...

                        Thanks for hanging in there with us ... it's been a bumpy ride ... but it looks like we're going to have a happy ending.
                        ~~~~~~~~~~~~~~~~~~~~
                        Filed Chapter 13 - March, 2003
                        Discharged - April, 2007

                        Comment


                          Oh, and I almost forgot ... Happy Birthday, Coma!!!
                          ~~~~~~~~~~~~~~~~~~~~
                          Filed Chapter 13 - March, 2003
                          Discharged - April, 2007

                          Comment


                            Originally posted by FeelingHopeless View Post
                            Oh, and I almost forgot ... Happy Birthday, Coma!!!
                            Thanks...

                            Keep us posted!
                            Filed CH7 - 10/13/05;
                            341 Meetings: 11/28/05, 3/20/06, 12/4/07 (3d time's a charm!)
                            Converted: 2/15/06 (to CH13), 10/15/07 (Back to CH7)
                            DISCHARGED: 2/15/08

                            Comment


                              Originally posted by www.irs.gov

                              Source:
                              Publication 17 Your Federal Income Tax For Individuals
                              Part Two: Income
                              Chapter 12 Other Income

                              Court awards and damages.

                              To determine if settlement amounts you receive by compromise or judgment must be included in your income, you must consider the item that the settlement replaces. Include the following as ordinary income.

                              1. Interest on any award.
                              2. Compensation for lost wages or lost profits in most cases.
                              3. Punitive damages, in most cases. It does not matter if they relate to a physical injury or physical sickness.
                              4. Amounts received in settlement of pension rights (if you did not contribute to the plan).
                              5. Damages for:
                              a. Patent or copyright infringement,
                              b. Breach of contract, or
                              c. Interference with business operations.
                              6. Back pay and damages for emotional distress received to satisfy a claim under Title VII of the Civil Rights Act of 1964.
                              7. Attorney fees and costs (including contingent fees) where the underlying recovery is included in gross income.

                              Do not include in your income compensatory damages for personal physical injury or physical sickness (whether received in a lump sum or installments).
                              Opinion:
                              It seems to me that a settlement is taxable if the thing it replaces would have been taxable. So, a settlement that pays to replace something you lost wouldn't be taxable. A settlement that gives you something you didn't already have is taxable. I can't decide which applies in this case...
                              Last edited by Keebler; 10-22-2007, 07:49 AM.
                              Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

                              Comment


                                Originally posted by Keebler View Post
                                Opinion:
                                It seems to me that a settlement is taxable if the thing it replaces would have been taxable. So, a settlement that pays to replace something you lost wouldn't be taxable. A settlement that gives you something you didn't already have is taxable. I can't decide which applies in this case ...
                                Well ... I don't know ...

                                Let's say the settlement replaces the amount of trade-in I would've had ... had they not repo'ed the van. That wouldn't be taxable. But if the settlement is more than that amount?

                                I don't know ... taxes give me the willies ... better safe the sorry, I supose. I better talk with a tax professional. So, does the court send the IRS a 1099 form or something? It doesn't matter ... after all this drama, the last thing I'd want to do is be audited! haha
                                ~~~~~~~~~~~~~~~~~~~~
                                Filed Chapter 13 - March, 2003
                                Discharged - April, 2007

                                Comment

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