No Activity

[ByeByeCCs]

Some may remember that Chase dismissed many credit card cases they had in several states back in June. Some speculated that Chase had paperwork problems. Well my state was one of the states affected but their was no dismissal of my case. However, they have not done anything with the case for nearly ten months. I know I am approaching the time when i can request dismissal for lack of prosecution. I guess i might get a dismissal if they have not decided to restart prosecution of credit card cases but then again I would not want to wake a sleeping giant and have them get the case going again (hey maybe the file was just misplaced or something). What would you do in this case?

[IamOld]

Good question! IN my state cases get automatically struck from the docket (dismissed) if they're not carried forward within a certain amount of time.

[tobee43]

Some may remember that Chase dismissed many credit card cases they had in several states back in June. Some speculated that Chase had paperwork problems. Well my state was one of the states affected but their was no dismissal of my case. However, they have not done anything with the case for nearly ten months. I know I am approaching the time when i can request dismissal for lack of prosecution. I guess i might get a dismissal if they have not decided to restart prosecution of credit card cases but then again I would not want to wake a sleeping giant and have them get the case going again (hey maybe the file was just misplaced or something). What would you do in this case?

i have chase both mortgage and credit cards. i know they did have issues with the robo signing with the mortgage documents, i have to be honest, i didn't pay much attention about the credit card issue? or, if they just held up all legal proceedings until the robo signing situation was somewhat under control.

i now live in florida, but our property in question is in new jersey. we notice this month chase is starting to move on the forclosures in that country after well over a year halting all actions, however, i don't know about the credit card suits.

my question to you ByeByeCC...is, did you file bk??? if you did and it was discharged that you should hopefully be clear?

[ByeByeCCs]

I haven't filed yet and it may be a while until I do. Problem is I have been collecting unemployment (soon to end) and a pension so the income has been too high. Since the pension and unemployment are exempt there has been no rush to file. I have two judgments already and the creditors are coming to the realization that there is nothing to get out of me. Since the judgments, the phone calls from all the creditors are practically non-existent and no one even sends me bills anymore. However, i have have experienced the pre-filing blues as the median income for Florida took a major hit last year and it would seem I have to make a choice of filing a 13 or just live off my pension solely (although I am thinking that if i start working again I can stop any garnishment with the head of Household exemption) So I am basically in BK limbo at this point.

[tobee43]

we also had unemployment and a pension...both were exempt in our county under the social security act. so we filed having them both listed.

being in florida it's NUTS...the next county over didn't exempt unemployment, yet our county did. (we are in the middle district with many counties under that jurisdiction and they all vary).

if i were you, i would just hold tight. i know in our county we were allowed almost 60k for just a family of 2, so if you have a huge pension i an see where that may be an issue. however, i would still see about attempting to go chapter 7 if you possibly can, and get those judgments vacated after the discharge and close of the bk. (if that's possible). i do not know how a situation like that is handle with a chapter 13, maybe someone will chime in with information about judgments when in chapter 13 and if they are still able to be vacated.

[ValleYum]

if i were you, i would just hold tight. i know in our county we were allowed almost 60k for just a family of 2, so if you have a huge pension i an see where that may be an issue.

You filed 3 years ago and the median incomes across the country have been on a steady decline! Yikes!

As of March 15, 2011, the median income for the state of Florida is:

FLORIDA MEDIAN INCOME
Household Size / Household Income
1 persons - $ 40,029
2 persons - $ 50,130
3 persons - $ 54,584
4 persons - $ 65,135
For each additional person add $7,500

You were lucky you filed when you did, Tobee!!

[tobee43]

You filed 3 years ago and the median incomes across the country have been on a steady decline! Yikes!

As of March 15, 2011, the median income for the state of Florida is:

FLORIDA MEDIAN INCOME
Household Size / Household Income
1 persons - $ 40,029
2 persons - $ 50,130
3 persons - $ 54,584
4 persons - $ 65,135
For each additional person add $7,500

You were lucky you filed when you did, Tobee!!

when we filed it was based on the county you lived in, and not the state!!! wow...actually our median for this country was 58k and change for a family of two, so i just rounded it off to 60k. i personally, even at the time, felt it was extremely high, but wasn't ready to argue the point. but the next county over was much lower in the median income allowance as well, they did not exempt unemployment insurance benefits, go figure.

i can't believe they went down that much, or maybe i can. it's just a way to discourage people from filing, don't you think? first they change all the laws back in 2005, and now since so many are filing "they" are doing whatever they can to discourage filings of bks.

most likely congress with change the laws through out the land and wont' allow anyone to go bk...that will most likely be next

[ByeByeCCs]

When I first went in for a BK consultation the median numbers were just like yours Tobee (58000 but the attorney had a little note that 61000 could get you into a 7.) However, I had just finished a temp gig up north so my income was way too high. Then the new medians came out and I knew i was toast as far as a 7 even with just the pension (60,000) when using the median for a family of 3. I guess the main problem now is many jobs that I would be looking to get are now off limits because of the credit situation and I am still in my late 40's so there a few good working years in me. So timing this BK is like a thorn in my side. i have decided to let the house go pre-BK, I would rather go into the BK, even if a 13, throwing everything into it. Through some legal loopholes I may be able to get on a 36 month repay as opposed to 60 because my means test would come back under median for five months out of the year. During a 7 however, they would hit me with a totality of the circumstances analysis and put in a presumption of abuse (pension has a large payment at the end of the year). I must admit, the problems i face are minor in comparison to the situations some folks here face and am blessed to have the pension and unemployment exempt from collection by creditors.

[tobee43]

When I first went in for a BK consultation the median numbers were just like yours Tobee (58000 but the attorney had a little note that 61000 could get you into a 7.) However, I had just finished a temp gig up north so my income was way too high. Then the new medians came out and I knew i was toast as far as a 7 even with just the pension (60,000) when using the median for a family of 3. I guess the main problem now is many jobs that I would be looking to get are now off limits because of the credit situation and I am still in my late 40's so there a few good working years in me. So timing this BK is like a thorn in my side. i have decided to let the house go pre-BK, I would rather go into the BK, even if a 13, throwing everything into it. Through some legal loopholes I may be able to get on a 36 month repay as opposed to 60 because my means test would come back under median for five months out of the year. During a 7 however, they would hit me with a totality of the circumstances analysis and put in a presumption of abuse (pension has a large payment at the end of the year). I must admit, the problems i face are minor in comparison to the situations some folks here face and am blessed to have the pension and unemployment exempt from collection by creditors.

i understand. it's really a most complex issue you face. it does get mind boggling after a while. one certainly needs to know how to play and win at a good game of chess to help strategically plan one's next move.

you certainly do not want to be met with or face a totality of circumstances situation. we felt the same way generally as you do. we had been blessed with the pension and ss and we felt as though where the chips fell, so be it, although, i know our planing was instrumental in exactly where they did end up falling.