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Incuring new debt before approved!! (long post)

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    #16
    Hey Justbroke---Thank you for guiding me out of this. I just plugged in the numbers and appears it is going to be within $150 less than what we were paying.
    Yes the $10k is is a gift-------is the trustee going to go haywire on the gift?
    On the form where it say Amount due credit Grantor that would be $9k is that correct?

    Justbroke I have been looking at this all day and woring and stressing----Thanks for clearing my stuffed up brain.
    I am not as unintelligent as I sound-----just tired and stressed and worried about the trusty----ot me out of touch for a sec.
    Thank you
    IZ

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      #17
      Sorry i saw you answered all my questions.....Got it all filled out and faxing it tomorrow.
      Thanks....Man I made that harder than what it was supposed to be,
      Have a good evening. I will update as info comes in.
      Thanks
      IZ

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        #18
        Thanks Justbroke, The paperwork is filled out and faxed to the trustee.
        I hope the trustee doesn't trip out on the $10K gift.
        Thankfully, my amount of monthly going out is very close to what I had before.
        I will give an update when I hear some news.
        IZ

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          #19
          Sounds good!
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #20
            Good luck! When we did a motion to incur debt we found the trustee to be quite reasonable. Hopefully yours is the same.

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              #21
              The trustee called my wife at work to clarify the exhibit 1 we sent in which was a short form asking where we were getting down payment and the whole deal. I called the trustee back after I heard they had questions. They said they got their answers they needed but I might want to fill out the exhibit 2 which is our current budget. I looked at the budget we first filed with and used it as a starting point. The budget we filled out when we filed showed us -210 and the budget for exhibit 2 was -313.
              I guess I can't assume I know what the lady was thinking but she kept saying if your approved---wow---I can't have this chapter 13 thrown out.
              We have already incurred this debt for the above reasons.
              I did write a short letter explaining why we are so desperate to be able to incur this debt-----have a roof over our head or not.
              What happens if they say no to incurring the debt even know we have already incurred the debt?
              I have so much going on right now----I have a social security disability hearing with an administrative law judge and then this incurring debt with the trustee. My household is really tripping out.
              This is making us sick....
              Thanks
              IZ

              Comment


                #22
                Don't worry about and speculate about this. The Trustee is trying to approve your request and make sure that YOU can afford this! The Trustee wants YOU to be successful. So, don't just keep throwing out hypotheticals. Just provide the requested information and wait for the Trustee's approval. There is no reason to worry or panic. If they don't approve it, you and your attorney can motion the Court to approve it (overriding the Trustee). You could also start over and voluntarily dismiss your Chapter 13. (Maybe even file a Chapter 7 after, but I don't know these details and, as I wrote, stop worrying!)

                (And stop worrying that she said "if you're approved". It's just like a bank. You are actually in control here since you can always dismiss your case. They can't say "we're going to approve this". They even recommend it for approval or don't recommend it for approval. The fact that they're asking questions is better than a flat out no, now isn't it? Stop worrying!)
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                Comment


                  #23
                  Thanks Justbroke,
                  I guess sometimes I let my emotions run to far.
                  Maybe too much fun in the 80's-----> brain cells....
                  OK, I am chilln here until I hear something.
                  Thanks for getting me back in reality.
                  IZ

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                    #24
                    Hey,
                    The trustee approved me to incur debt!!
                    Justbroke you were correct...
                    Thank you... Thank you...
                    IZ

                    Comment


                      #25
                      I'm sure you feel so much better Glad it worked out for you.

                      Comment


                        #26
                        Originally posted by IZBROKE View Post
                        Hey,
                        The trustee approved me to incur debt!!
                        Justbroke you were correct...
                        Thank you... Thank you...
                        IZ
                        So long as the Plan is not substantially changed, the Trustee just wants your success. Having a roof over your head is important! In my District in Florida, the Trustees will generally approve motions to incur debt for the purpose of purchasing a home or refinancing an existing mortgage, so long as it's within 10% of the original Plan amount.

                        Congratulations. I really wish you some peace and happiness!

                        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                        Status: (Auto) Discharged and Closed! 5/10
                        Visit My BKForum Blog: justbroke's Blog

                        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                        Comment

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