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Thinking about refinancing b4 filing

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    #16
    what I am saying is if he takes out a 30 yr mortgage and his/her payments are $1000 and they pay $2000 a month and that shows on your bank statement will you have to show your actual mortgage statement.

    I was speaking about a chapter 7 for them and to put their money in their home

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      #17
      The trustee will ask what your mortgage obligation is. An overpayment is an avoidable transfer by the trustee, also, it does not accuratly reflect the persons expenses.

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        #18
        Originally posted by Flamingo View Post
        What is meant by "insolvent" is at the time of filing, your debts are more than your assets. The exemptions are not in place prior to you filing and one are at a different place at that moment (i.e. broke or insolvent and cannot pay your bills). BK offers a lot of protection if you file as you and others have found out.
        I'm not sure insolvent is the correct term to use here.
        As HHM has pointed out a few times, when you file bk, you have 2 types of assets-exempt and nonexempt. The exempt you keep and nonexempt become property of the bk estate and can be liquidated to pay creditors.
        In my case, I discharged $71K worth of cc debt yet, kept $90K in exempt assets.
        Not sure what the correct terminology would be {and I'm sure not trying to be argumentative} but, I'd hate for someone with a lot of debt but, even more assets {that may well be exempt} and they jump to the conclusion that they couldn't file bk.
        How many posts have we seen where folks have looted ERISA qualified retirement accounts or done a cashout refi to pay unsecured debt and later discovered they could have kept all of that stuff though their bk and discharged the unsecured debts? That's really the only point I'm trying to make.

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