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pre-planning questions, help please

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    pre-planning questions, help please

    Hi all,

    It has been a long time since I posted last. My divorce finalized in November. I saw a bk attorney this month, and I clearly qualify for Ch 7. I will be reaffirming the car, because my ex is a co-signer. He also is not following a court order, and owes me $6500. The Bk attorney said the trustee will go after that money. I will never see it, so if the trustee can get it in some manner, more power to him/her (it is repayment for my cc anyways). Domestic court can't seem to make him pay! I guess I wonder if the trustee will go after him before my 341, or after? And, if my ex decides to "play the system" or not pay or whatever, heck even try to get out of paying it, will my case stay open forever like Minny's (how is minny anyway?)? Will my dischage go through? I guess I can't believe a trustee will get him to pay when domestic court sits around and just slaps his hand. Does anyone know what the trustee is going to do, when he will start trying to collect (b4 or after my 341)????? Has anyone here, had someone owe them money, and your trustee went after him/her? I do not see alot of info about this.

    Also, I have some cash that I need to spend, I just recieved my car insurance bill, and wondered if it would be ok just to pay for the year, when I'm set to pay every 6 months. It is $671.00 yr. I worry about paying someone over $600 before filing is all. But this isn't a creditor, it's a bill, and, if ok, a good place to spend my money. Then I won't have to worry when it comes due again in November. I have bought all new clothes for a growing boy, who is skipping sizes. And new Summer clothes for me because I've skipped sizes too (ack). I need a new mattress on my bed, because its cheep and killing my back. Could I possibly pay a month ahead on like phone/tv/elect. bill??

    I'm planning on filing in June. Any advise or guidence would help calm my nerves about these issues.

    Thanks

    #2
    As for whether the Trustee can accomplish things the Civil Court can't,............. Well let's just say this about that,............. The Trustee has the Power of the US Gov't behind them.

    The Trustee can tap the IRS to send any refunds directly to the Trustee. State too. The Trustee can play a whole different level of ball than your Ex is used to in jerking around the State or Local Courts.

    You can try paying your insurance ahead. The insurance company may or may not take the payment.

    I don't see any harm in buying a bed. If you need one, you need one. It is a necessary expense.

    Other items to consider are non-perishables. TP, paper towels, canned goods, and such. Frozen foods if you have freezer space. Light bulbs. Batteries. Things that won't go bad short term that you will use.
    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
      Originally posted by MyLifeisaMess View Post
      Also, I have some cash that I need to spend, I just recieved my car insurance bill, and wondered if it would be ok just to pay for the year, when I'm set to pay every 6 months. It is $671.00 yr.
      I am a licensed insurance agent (in OK) and if you have a yearly policy (uncommon in OK, but not sure about other states) you should be able to pay the full year. If you have a 6-month policy, it is impossible to know what the next 6 month premium will be to be able to pay the full year. The company won't be able to apply it to your account and will refund it to you if you tried. Hope this helps a little!
      3/27/07: Chapter 7 Filed - Pre-filing true FICO (hers/his) 450/477
      5/10/07: 341 Meeting DONE! Trustee's Report of No Distribution Filed
      7/04/07: FICOs going up! Credit report cleanup (hers/his) 540/536
      7/10/07: DISCHARGED! 8/27/07: CLOSED!

      Comment


        #4
        Originally posted by ilovemycaitybug View Post
        I am a licensed insurance agent (in OK) and if you have a yearly policy (uncommon in OK, but not sure about other states) you should be able to pay the full year. If you have a 6-month policy, it is impossible to know what the next 6 month premium will be to be able to pay the full year. The company won't be able to apply it to your account and will refund it to you if you tried. Hope this helps a little!
        Now that is an interesting thought....What happens if you prepay a full year, file bankruptcy a month later, and then the ins co refunds the money....you've effectively lowered the bank account balance for the day of filing and will have the refund check coming back to you in a few weeks. hmmmm
        I used to have a life, now I have grandkids.

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          #5
          My attorney told me the trustee would see a huge red flag if I even changed my car ins. from monthly to every six months. Check with your attorney before you do that; most car ins. policies are only for six months at max. Have you considered a life ins. policy for yourself to protect your child? That can be a yearly policy and may be a good use of the money you have.
          Chapter 7 Pro Se....Discharged Feb. 2006

          Comment


            #6
            Renter's insurance, if you aren't a homeowner. That's a legit, acceptable expense.
            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


              #7
              Originally posted by SinkingFast View Post
              Renter's insurance, if you aren't a homeowner. That's a legit, acceptable expense.

              I have renters insurance

              Comment


                #8
                Buy some WalMart, Target gift cards.... They may come in handy...

                Edit : Scratch the idea if you have to show receipt... Buy can goods instead.
                Last edited by Spartan; 04-28-2007, 09:26 PM.

                Comment


                  #9
                  Originally posted by Spartan View Post
                  Buy some WalMart, Target gift cards.... They may come in handy...

                  Could be seen as trying to hide money. She needs to have receipts that show what she bought and that it was necessities. Buying gift cards would not satisfiy the requirement of a necessity.
                  Chapter 7 Pro Se....Discharged Feb. 2006

                  Comment


                    #10
                    Stock up on non-perishables. Things you are gonna use that won't go bad.

                    Canned goods, frozen stuff if you have freezer space, TP, paper towels, tylenol, vitamins, hair care products, deodorant, soap, laundry products, light bulbs, batteries, etc.

                    Buy some of that stuff and you'll spend more money than you might think.
                    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


                      #11
                      I will be reaffirming the car, because my ex is a co-signer.
                      Just curious. Why does having the ex as a cosigner force you into reaffirmation?

                      I could see why you may need to sell vs. surrender, but I'd assume you'd want to free yourself of the bum in all ways possible.

                      Comment


                        #12
                        Originally posted by spell View Post
                        Just curious. Why does having the ex as a cosigner force you into reaffirmation?

                        I could see why you may need to sell vs. surrender, but I'd assume you'd want to free yourself of the bum in all ways possible.

                        Because it states in my divorce decree that the car is not dischargable if a bankrupcty occurs. (I guess my bum of an ex wanted that put in..almost like he was "hinting" thats what I should do, yet the dumb a**, does not think a trustee can go after him for the amount court ordered for these credit cards)

                        Plus, I love my car, It is the only thing I own.
                        My thoughts also are that: credit cards are evil..(lol) So, If I reaffirm, and they keep reporting correctly on my credit report, it might help my credit somewhat also. Because I do not forsee attaining another credit card for quite sometime.

                        Here's what I do know though: my ex isnt going to hand over the money to me, and he sure isn't going to hand it to anyone else.....This senerio isn't going to happen "Hi this is the Trustee, you need to write me a check for $6500 for xxxx creditors" "oh, sure let me write that and hand it over to you, have a great day." rofl... never going to happen. My ex is a hot tempered, abusive, dishonest, spoiled little boy. I can just imagine the fit he's going to throw, but it will not be any fun for him unless I'm a witness to it. Anyways, It just makes me nervous, I'm afraid he'll show up at my work or home or something. Or, that he could object to my discharge, because by god if he has to pay, why should I get a fresh start. One of his many threats before I left him was " if you take my money, your child will be motherless." So trust me, I totally understand what your saying, I want to be 100% free of him.

                        Comment


                          #13
                          My guess if he doesnt pay the trustee he will be in jail for a while.
                          I dont know what state your in my I know someone back child support for six month and he was put in jail. I dont know if he owes this plus alimony, but he cant say no to a trustee.
                          He may have his day like all dogs do, coming very soon. I'm sure the Trustee has NO TIME for spoiled overgrown adults.
                          Best wishes to you. I hope everything works out. It sounds like youve had enough to deal with already.
                          WAM
                          ch7 8/07 CLOSED: 11/07 Rebuilding and saving.
                          WAMU unsecured $2,000 Capital One unsecured $500
                          PAID OFF MONTHLY!!!

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