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bank accounts while you are in bk13

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    bank accounts while you are in bk13

    Does the trustee monitor your bank accounts while you are in bk13? Like to see what money goes in and out of the accounts
    Retained attorney 4/21/2009 Monday
    Filed Ch 7, 4/30/2009 No Asset case, Under median.
    341 Meeting 6/9/2009 - went well.
    Discharged 8/9/2009, Closed 8/11/2009

    #2
    Usually not but if there is reason for suspicion he/she can. Trustees also can require copies of yearly tax returns, state and federal, to monitor your financial situation.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

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      #3
      Originally posted by Flamingo View Post
      Usually not but if there is reason for suspicion he/she can. Trustees also can require copies of yearly tax returns, state and federal, to monitor your financial situation.

      What is an early buyout and how did you do it? Also if my wife started working again after we started paying on the chp13. Will her income have to be disclosed to the trustee?
      Retained attorney 4/21/2009 Monday
      Filed Ch 7, 4/30/2009 No Asset case, Under median.
      341 Meeting 6/9/2009 - went well.
      Discharged 8/9/2009, Closed 8/11/2009

      Comment


        #4
        I was in 60 month plan ( old law . I made extra payments to get out early ( 10/08 and 11/08 ). Just waiting on Trustee to complete audit before discharge. Attorney says that they have until June 4th to complete.
        60 Month "Old Law"
        Filed 10/4/2004
        Confirmed 1/2005
        Discharged 9/8/2009

        Comment


          #5
          is that allowed in the new law? because since they take all your disposable income now, you would not be able to make larger payments, unless you got a loan or gift from friends or family, or maybe your 401k.
          Retained attorney 4/21/2009 Monday
          Filed Ch 7, 4/30/2009 No Asset case, Under median.
          341 Meeting 6/9/2009 - went well.
          Discharged 8/9/2009, Closed 8/11/2009

          Comment


            #6
            Originally posted by sadandconfus View Post
            is that allowed in the new law? because since they take all your disposable income now, you would not be able to make larger payments, unless you got a loan or gift from friends or family, or maybe your 401k.
            For those of us who filed new law (after Oct 17 2005), there's nothing in the current bk law that addresses early Ch 13 buyouts like the previous bk law did. Currently the thought in most bk courts is that if a 13er wants to pay out early, that three full years of payments have to be made on time AND 100% of the unsecured debt has to paid off in full. to do so Not very encouraging, is it?

            This is still an evolving area of Ch 13 case law, so ask your lawyer what your local district judge and Ch 13 trustees have decided to do. Maybe you'll be lucky and your trustee and bk judge have decided to follow the old law which did not require a 100% payoff - some do.
            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


              #7
              Originally posted by crookedoak View Post
              I was in 60 month plan ( old law . I made extra payments to get out early ( 10/08 and 11/08 ). Just waiting on Trustee to complete audit before discharge. Attorney says that they have until June 4th to complete.

              To ease the confusion.
              My plan originally changed due to moving from house house that I was and included, my vehicles broken down and became unusable.
              I made 2 additional payments of 360.00.

              Now I sit and wait
              60 Month "Old Law"
              Filed 10/4/2004
              Confirmed 1/2005
              Discharged 9/8/2009

              Comment

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