Chapter 7 Questions

[Nitromike]

Dawn you have been very helpful int he past... and I added you to yahoo.. so im me sometimes.


#1 I filed BK #7 12/14/2004 (paid completely)
#2 got a date for meeting for 1/03/2005
#3 I have a car past due, that I am allowed to reaffirm but will have to be caught up completely before discharge is complete. (WHAT DOES THAT MEAN? Lender tells me I have up to 4 months, but dont want surprises next tuesday) The car is behind like $2900 that i dont have. Our only car.

#4 We acquired a NEW TIMESHARE end of Nov '04. However the terms were :
We had to make the downpayment in 3 payments. $100 one week, $800 or so, about 2 weeks later 12/14 or so. then $800 by 12/31/04 Then once dp was made.. we would start recieving our benefits for the 05 season. Maint fees due this month.

Problem: We didnt include this in BK, thinking that it wasnt ACUTALLY OFFICIAL until we made the DP and started receiveing payments etc. However the first DP of $100 wasnt taken, they charged the card, and for some reason it didnt go through, they didnt attempt it again, although i called them and my agent and told them to rerun the card. Then they never attempted the following 2 payments. However they sent a certified letter statting that we had to pay the total dp by 12/28/04 or they would accelerate the loan. Im tripping because Im like Dude , you never got the payments, and i know we signed papers, we want the timeshare, however, just rearrange the dp schedule. What can i do ?

#5 I have several judgements that will be cleared via the 7BK

#6 I have a current Criminal Legal issue not mentioned to BK Attorney concerning a past personal business deal, that i am going to court over right now. I owe approx, $13000 to 2 different people. Should i include the people in the BK7 and have it done before next tuesday when we have meeting? secondly, how will it affect the legal aspects of my case? should i tell my attorney i filed bk7? Should i just keep quiet and get the OFFICIAL RELEASE and then when rammifications come/if they come, then state that i legally discharged a bk7? This is a tough cookie i know. Im trying to chew it.!! lol

#7 I need to find a template of a form I can send to NEW debtors that are trying to get $$ to state that i am in BK. Anyone know where to find one?

#8 I know this is a lot of info. But I need answers ASAP. I got to court 1/4/05 for a hearing.



Thanks
Nitro

[HHM]

#6 I have a current Criminal Legal issue not mentioned to BK Attorney concerning a past personal business deal, that i am going to court over right now. I owe approx, $13000 to 2 different people. Should i include the people in the BK7 and have it done before next tuesday when we have meeting? secondly, how will it affect the legal aspects of my case? should i tell my attorney i filed bk7? Should i just keep quiet and get the OFFICIAL RELEASE and then when rammifications come/if they come, then state that i legally discharged a bk7? This is a tough cookie i know. Im trying to chew it.!! lol

On the Statement of Financial Affairs, it asks you if you are involved in any suits..., and by not including the above, you have told the court "none", but you are, so you have technically perjured yourself. You need to discuss it with your attorney. You mention it is "criminal" matter, odds are it has a "civil" counterpart, so I would certainly include it in your BK before any criminal determination because criminal restitution is non-discharable. But you should at least discuss it with your attoreny. Also, debts not included in the BK are not dischaged.

#3 I have a car past due, that I am allowed to reaffirm but will have to be caught up completely before discharge is complete. (WHAT DOES THAT MEAN? Lender tells me I have up to 4 months, but dont want surprises next tuesday) The car is behind like $2900 that i dont have. Our only car.

Basically, if you are not caught up on payments before discharge, the bank gets the car back, its that simple.

[Nitromike]

#6... well actually.... I dont have a suit. yet..

They paid $$ for a vehicle I had. They never paid the difference so I didnt give the money back. obtaining property under false pretense was the charge. Im fighting it, tried paying it back at that time, but they went to the MAN lol.. So over a year later, I am still battling this. No convictions, no previous record. thats why i was concerned.

as to the car. im aware of that. but if i decide to give it up after the meeting, once it is discharged, will they be included in release if i give them the car back? or what ?

[Dawn1970]

NitroMike,
Sure, you can IM me on Yahoo anytime. I am glad to know that I have been helpful to you. Doesn't look like I'll be much help on these issues though because I see your court date is tomorrow , plus I don't know the answers to many of your questions, unfortunately.

Sorry, but I don't see how you'll get to keep the car if you're that far behind in the payments! Quite frankly, you could buy a decent ol' beater to get around in for $2,900, and then you'd have a car that's paid for! So why not just let the car go. Unless you can come up with $2,900 within the next 4 months and don't mind continuing to pay on this loan. (I have no idea what you owe on it).

As for the timeshare condo, I'm way in over my head with this one but assuming you have a lawyer, have him/her amend your filing petition to include the timeshare transaction. That way not only will your petition be accurate, but your debt to the condo owner/realtor will be discharged and they cannot come after you for any money over it.

Re: the criminal legal issue, I'd sure try to include it in my Ch 7 debts if any way possible! I guess the worst thing that could happen is they'll say 'Sorry, that's not dischargeable.'

Sorry I wasn't able to be much help. Please keep us posted as to how things go.

[HHM]

#6... well actually.... I dont have a suit. yet..

They paid $$ for a vehicle I had. They never paid the difference so I didnt give the money back. obtaining property under false pretense was the charge. Im fighting it, tried paying it back at that time, but they went to the MAN lol.. So over a year later, I am still battling this. No convictions, no previous record. thats why i was concerned.

as to the car. im aware of that. but if i decide to give it up after the meeting, once it is discharged, will they be included in release if i give them the car back? or what ?

Yes, any deficiencey amount due on the car (i.e. you owe more than its worth) will be discharged as a general unsecured debt if you surrender the car in BK. You might have to amend your statement of intention to show that you are surrendering the vehicle.