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Going in front of the bankruptcy Judge

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    Going in front of the bankruptcy Judge

    I went to sign my reaffirm agreement on my car(s) and home. I know the pros and cons about reaffirm.. So, I don't want to discuss that. However, when I went to sign my attorneys office said that a new bankruptcy judge has been taking over the cases. I was negative by 500.00 after all bills are payed. Granted we put more on the costs of living so we really wouldn't be that close. However, my attorneys office wanted me to write a statement. Since the judge has been asking how people plan to pay if they are negative.

    Anyone had any experience with the BK judge? I wrote out a brief explanation on how we would make up the money. The office said one person went in front of the judge.. no problem.. They wrote official responses for two other people with no problem. Any thoughts or experience.

    #2
    No sorry, I don't have any experience with writing statements to a judge saying I can pay for something after I made a sworn statement that I didn't have the money to make the payment. But I really can't wait to hear how you make out.
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

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      #3
      Hi,
      I don't have an answer for you either, but I'm probably going to be in the same boat. I am very determined to keep my car but expect to be under budget as well. If you don't mind my asking, what state are you in? I read on another post that someone's reaffirmation was turned down b/c they were in the negative! I had no idea that could happen. In my opinion there's a big difference between being able to pay for my car or being able to pay for cable or haircuts for my family of five. If one month (or four or eight) I am not able to afford my car payment then of course I will cut things out of my budget appropriately.

      That is the sticky thing, I think...telling the court on one hand that these are all of the necessities I need to live and I currently don't have enough money to cover them all, but wait I do want to keep everything I've listed and will figure out a way to make it work! As for me, my car payment is reasonable in my opinion and I am not upside down in equity. While it's not luxurious, it's not a piece of junk either, and how do they expect you to be able to qualify for another car once you've just filed BK???

      Comment


        #4
        It actually sounds like you have a good and a fair Judge. He seems very observant and only wants the best for you. Tell me, how are you going to pay? I also had a bump in the road when I made a preferential payment as well as reaffirming my car. My excuse was if you will wait till Feb, (this was in June) my car will be paid off and I can use that money to pay back the preferential payments. They agreed to the compromise and so did the Judge.

        I think you should be alright and if you do not need one of the cars, could you sell one to drop your expense? I am sure you and your lawyer can come up with an answer to satisfy this Judge. ‘Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          How did you "put more on cost of living"? Did you just make up the numbers?
          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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            #6
            Well,
            I will tell the judge. If need be I would get rid of my internet access & Cell phones. My reaffirm agreement with one of my autos they initiated a drop in payment of 120.00 per month. My income tax refund( I exempted) will pay off one of my vehicles and we will reduce our budgeted 300 entertainment costs of 300 per month and our $100 clothing per month. The price of gas has dropped in half since my filing. So, instead of 400 in gas per month I am paying about $200.00
            Oh, Your honor. I would like it known I never missed any of my car payments and my house payment is automatically deducted, and I have never missed or been late on a house payment. I think I would start there to make up any deficencies
            Last edited by Mi Bankruptcy; 03-05-2009, 07:51 AM.

            Comment


              #7
              Originally posted by Mi Bankruptcy View Post
              Well,
              I will tell the judge. If need be I would get rid of my internet access & Cell phones. My reaffirm agreement with one of my autos they initiated a drop in payment of 120.00 per month. My income tax return will pay off one of my vehicles and we will reduce our budgeted 300 entertainment costs of 300 per month and our $100 clothing per month. The price of gas has dropped in half since my filing. So, instead of 400 in gas per month I am paying about $200.00
              Oh, Your honor. I would like it known I never missed any of my car payments and my house payment is automatically deducted, and I have never missed or been late on a house payment. I think I would start there to make up any deficencies
              VERY good. I think you will do well with this Judge. Do you have a land line? Our Internet is cable TV not DSL. We use MagicJack for 20 bucks a year, not a month. $39 gives you with Jack and one year paid in advance and it works very well with no long distance charges and no 411 charges. You can even use it if you are on DSL land line Internet, drop your phone bill to local only, use the MagicJack for LD only. 'Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

              Comment


                #8
                Originally posted by TEW View Post
                No sorry, I don't have any experience with writing statements to a judge saying I can pay for something after I made a sworn statement that I didn't have the money to make the payment. But I really can't wait to hear how you make out.
                TEW, don't jump to conclusions.. See my statement above.

                Comment


                  #9
                  Thanks Hub. I just have to explain a negative $300. I didn't get anywhere near the exemptions or costs for a family of my size.

                  Comment

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