Crap-1 day left and the UST is asking questions

[justbroke]

I am so glad that they dropped the ball. Even if they didn't drop the ball, I'm glad you have successfully passed the bar date for filing a complaint on dischargeability. It's a milestone for sure.

Here's to a quick "formal" discharge this week!

[albacore44]

I am so glad that they dropped the ball. Even if they didn't drop the ball, I'm glad you have successfully passed the bar date for filing a complaint on dischargeability. It's a milestone for sure.

Here's to a quick "formal" discharge this week!

thanks for careing............day 64, nothing on pacer yet.

BTW- Does this mean a creditor can now resume, lets say a Repo, without filing a relief from stay ??

[2manybills]

thanks for careing............day 64, nothing on pacer yet.

BTW- Does this mean a creditor can now resume, lets say a Repo, without filing a relief from stay ??

Not until the discharge is entered.

[albacore44]

Not until the discharge is entered.

So they can still ask for relief from the automatic stay, or would they have to have done that within the 60 days ??

[2manybills]

[QUOTE=albacore44;411770]So they can still ask for relief from the automatic stay, or would they have to have done that within the 60 days ??[/QUOTE

It has to be before 60 days. Technically if it were not that courts were so backed up we would discharge pretty close to day 60.

[2manybills]

N[QUOTE=albacore44;411770]So they can still ask for relief from the automatic stay, or would they have to have done that within the 60 days ??[/QUOTE

It has to be before 60 days. Technically if it were not that courts were so backed up we would discharge pretty close to day 60.

[albacore44]

[QUOTE=2manybills;411774]N

So they can still ask for relief from the automatic stay, or would they have to have done that within the 60 days ??[/QUOTE

It has to be before 60 days. Technically if it were not that courts were so backed up we would discharge pretty close to day 60.

good. I have a car i will be returning to GMAC. i don't want them coming here to Repo and embarassing me since today i am 31 days late. I moved it to an undisclosed location, and was going to call them and arrange a meeting as soon as i knew my discharge was imminent.

[potsie834]

I agree with "justbroke"; why is the UST waisting his time on you? With so many people filing BK, what caused the UST to focus his/her attention on your case?

I wish the best to you and I hope this goes away! However, I'm scheduled to discharge in a few days, so I hope I'm not in the crosshairs of the UST!

[albacore44]

day 65. nothing in pacer yet. i did get a call this afternoon from GMAC. i told them I would be returning the car. he asked me if it would be voluntary. I said yes, but please dont send anyone to the house, we can schedule to meet somewhere. he said have would mail me a voluntary return form, and to mail it back. he seemed unconcerned, no big rush. actually, I want to be rid of it ASAP so i can get it off my insurance, its costing me money

[2manybills]

day 65. nothing in pacer yet. i did get a call this afternoon from GMAC. i told them I would be returning the car. he asked me if it would be voluntary. I said yes, but please dont send anyone to the house, we can schedule to meet somewhere. he said have would mail me a voluntary return form, and to mail it back. he seemed unconcerned, no big rush. actually, I want to be rid of it ASAP so i can get it off my insurance, its costing me money

That's what I did with my Toyota that I voluntary surrendered. I drove the car over to my mother-in-law's house and left it there. When the guy called me, I made arrangements to meet him over there. Make sure you take the license plate off and any registration, etc. stuff out of the glove box.

It was so easy. But I did not want some tow truck taking my car away in front of my neighbors that's for sure.

[albacore44]

That's what I did with my Toyota that I voluntary surrendered. I drove the car over to my mother-in-law's house and left it there. When the guy called me, I made arrangements to meet him over there. Make sure you take the license plate off and any registration, etc. stuff out of the glove box.

It was so easy. But I did not want some tow truck taking my car away in front of my neighbors that's for sure.

Out of all the creditors, GMAC is the one I feel bad about. I buy GM cars, I like them, and have been loyal for quite a few years. My other car is a GMAC and financed through Chase

[walkthaplank]

When I went through my CH13 341 at the Riverside Courthouse, the trustee's counsel was very strict about adults living in the household and them being listed as dependents. Anybody who was 18 and over, they said could live in the house, but unless presented with medical evidence detailing why they could not care for or support themselves they could not be counted as dependents. I had two 341's on two different days and had to sit through the whole docket both times because our lawyer was late... both times. Both days there were several people who were trying to list their 18,19, 20 year old kids who were students or just unable to find work, or elderly relatives as dependents and they were all objected to. I imagine this was why the UST was rattling around your case.

Good luck!

[keptdigging]

Just gotta love the bizzaro world of bankruptcy law. Because it doesn't say "dependents" it says "household size". And in other jurisdictions there have been judges who actually read the law as written and roommates count, not just kids over 18.

[screentest]

Walktheplank,

I provide financial support to my in-laws who are elderly and survive on social security. They do not live with us we just provide $350.00 a month in financial support to cover medical and misc expenses. I did not list them as dependents, just other monthly expenses for family member.

My attorneys told me this was completely legitamate as long as I could show the cancelled checks. I am also heading to this same riverside court. Did you see this issue challengeed at all?

ST

[walkthaplank]

Walktheplank,

I provide financial support to my in-laws who are elderly and survive on social security. They do not live with us we just provide $350.00 a month in financial support to cover medical and misc expenses. I did not list them as dependents, just other monthly expenses for family member.

My attorneys told me this was completely legitamate as long as I could show the cancelled checks. I am also heading to this same riverside court. Did you see this issue challengeed at all?

ST

Your lawyer would know better. My experience was limited to watching other people being wrung out in a CH13 341. The CH13 trustee is trying to get as much disposable income out of you so I imagine they are much more aggressive in challenging these types of arrangements. That being said, if you are in the realm of $350-400/mo negative DMI they will definitely challenge you on it.

Their argument is that you are giving money to people who are not part of your household at the expense of your creditors... and they would be right. Your relatives cannot afford to pay their bills and neither can you which means that you cannot afford to help them pay their bills to the detriment of your creditors. They don't care WHY you are doing it, only that you are and they are there as an advocate of your creditors.