So I met with a bk attorney today who used to be on the other side of the table, as a chapter 13 trustee. I am considering a 7. He stated a few things that I would like another opinion on, as they were counter to my understanding:
1) Any payments made in the past 12 months toward loans from family members must be paid to the trustee by me or the family member, or the family member will be sued. It doesn't matter what size the payment(s) are or the fact that I have not been late to any creditor thus far. (The repayments I've made to family are a few hundred here and there... a few pebbles to my monthly debt mountain) He said he's never seen a trustee allow the payments.
2) Even if I qualify for a 7 without the means test, the trustee will tell me I can't send my kids to private school. It appeared to me that he agreed with this.
3) If I start making $ after the filing but before the 341 I will be pushed into a 13.
4) I can't state my intention to reaffirm a debt then not sign the agreement. He said either you reaffirm the car & mortgage or you don't. If you don't sign it, you must surrender it. He said you cannot do a ride through any longer.
He didn't seem thrilled that I didn't want to file a 13. He answered my questions, but didn't offer anything unless asked. I don't need a shoulder to cry on, but I couldn't tell if he was no a 'no nonsense here's the facts' guy or if he was looking at me with his trustee hat on.
Perhaps his statements are accurate, but I think I will speak to someone else.
1) Any payments made in the past 12 months toward loans from family members must be paid to the trustee by me or the family member, or the family member will be sued. It doesn't matter what size the payment(s) are or the fact that I have not been late to any creditor thus far. (The repayments I've made to family are a few hundred here and there... a few pebbles to my monthly debt mountain) He said he's never seen a trustee allow the payments.
2) Even if I qualify for a 7 without the means test, the trustee will tell me I can't send my kids to private school. It appeared to me that he agreed with this.
3) If I start making $ after the filing but before the 341 I will be pushed into a 13.
4) I can't state my intention to reaffirm a debt then not sign the agreement. He said either you reaffirm the car & mortgage or you don't. If you don't sign it, you must surrender it. He said you cannot do a ride through any longer.
He didn't seem thrilled that I didn't want to file a 13. He answered my questions, but didn't offer anything unless asked. I don't need a shoulder to cry on, but I couldn't tell if he was no a 'no nonsense here's the facts' guy or if he was looking at me with his trustee hat on.
Perhaps his statements are accurate, but I think I will speak to someone else.
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