The 14-Day Thread

[moonflower]

A nice concept on the 14 day countdown thread. Its ingteresting reading.

Just an update on my BK. I filed for the Motion to Dismiss and a hearing date for 5/24/10. I got a call today from the trustee and he said if I cancel the Motion for Dismissal, that he was settle for $3200 and I can keep my car. (Unperfected lien to Dad for $4700). No 12 months, though. One third now, one third kin 30 days, one third in 60 days.

Is there something I'm missing? It there something else he can come back to me on if I cancel the motion? Will this go through a normal discharge? I'm kind of worried because the trustee has been such a dipstick so far.

But if I can get a discharge for $3200, and it takes care of my all my debt, I'm down with it.

Any advice?

[justbroke]

I'd tell the Trustee $3,200 over 12 months @ 0% interest. If you can really do the 1/3 over 90 days, then fine, but don't set yourself up for failure (if it's a stretch). Yes, I would be one that would gladly pay $3,000 to discharge $1,000,000 in debt.

[Goldfish]

Hi Guys, Good to hear from you.

I can so much relate to what you are saying. Physically, I am much too drained. I will work on rectifying it. It will not be accomplished in a day or two. I guess I need an agenda. But this census job has been really distracting. Tomorrow I may need to put in 10 hours. I'll look forward to Sunday probably off.

gf

[Goldfish]

Sorry, once again my post was not informed by going to page 2.

Moonflower, I'm totally ignornant on the matters you are dealing with.

And yes, I think this is an interesting thread (concept for a thread), but I'm still not sure what we are counting down to.

[moonflower]

I told the trustee I would go $3200 over 12 months @ 0% interest. His reply was if this were a Chapter 13 case, he would be all over it, but its not. And since he's sure I don't want this Chapter 7 case to remain open over the course of another 12 months, he won't go more than 60 days so he disburse the assets and have the discharge at the end of 120 days. And he's right to the extent that I want this thing over with quickly.

I think it will be OK. My Mom said she will need the 60 days to cash in some retirement stocks or something.

Unless I'm mistaken, I believe the 14 day countdown is to Tigergem's discharge, and the thread is helping him take his mind off of it.

I'm in Lake Tahoe this week. Very mild temps and beautiful scenery has mellowed me out. Something I need for today.

[tigergem]

Not MY discharge. Justbroke's discharge.

[justbroke]

I told the trustee I would go $3200 over 12 months @ 0% interest. His reply was if this were a Chapter 13 case, he would be all over it, but its not. And since he's sure I don't want this Chapter 7 case to remain open over the course of another 12 months, he won't go more than 60 days so he disburse the assets and have the discharge at the end of 120 days. And he's right to the extent that I want this thing over with quickly

I have never read about a Trustee like yours before. They don't negotiate the payback in Chapter 13s. The payback is over the applicable commitment period, set by law. I think he's just taking advantage of a pro se debtor.

The discharge has nothing to do with administration of assets. "Have the discharge at the end of 120 days"... is either you heard him wrong, or he's playing games with you. The discharge comes before the closing. The closing is for administration of the estate. It if highly common for the Trustee to have things paid over 12 months at 0%.

I would not have dear old mom cashing in retirement stocks to pay your debt. That's just financially wrong and wrong on other levels too.

[AngelinaCat]

Hi JB. I am coming in on the last of your page 3. How are you feeling today? 'Hub and I said prayers this morning trying to fend off the flu-nasties for you.

We had an interesting day today ourselves. More about that later in another thread.

[justbroke]

Thank you Mrs. Cat. I'll tell you one thing... do not fly with laryngitis or whatever it is I have. My left ear still hurts! But, I think the prayers worked 'cause I haven't become any more sick and don't feel like I have a cold.

So, Day 5 of the 14 day Thread, feeling better but certainly not 100%

It's the weekend so no activity on PACER. No I didn't check.

[moonflower]

I have never read about a Trustee like yours before. They don't negotiate the payback in Chapter 13s. The payback is over the applicable commitment period, set by law. I think he's just taking advantage of a pro se debtor.

The discharge has nothing to do with administration of assets. "Have the discharge at the end of 120 days"... is either you heard him wrong, or he's playing games with you. The discharge comes before the closing. The closing is for administration of the estate. It if highly common for the Trustee to have things paid over 12 months at 0%.

I would not have dear old mom cashing in retirement stocks to pay your debt. That's just financially wrong and wrong on other levels too.

As I suspected, which is why I wanted your advice thru this forum. This trustee has been such a dick-wad so far that I was sure he was feeding me a line. As I am not savvy as to how the discharge, payment of debt, etc. happens, he could probably tell me anything and I wouldn't know if its correct or not. Should I push the 12 months, 0% thing. I know my Mom would appreciate it.

BTW. My Mom is buying the car and keeping it which is why she is doing something with her stock or retirement or whatever. Something she worked out with my Dad over the lien. I will have to start over with something different after the BK is discharged. I also have to pay him back for the portion of the lien not perfected in the BK. Certainly not a free ride here.

Is there someplace in the codes or applicable laws that I can recite to him that would add persuasion to my argument to have to spread out over the 12 months?

[moonflower]

Not MY discharge. Justbroke's discharge.

As I said, I may be mistaken.....and I was.

[justbroke]

Is there someplace in the codes or applicable laws that I can recite to him that would add persuasion to my argument to have to spread out over the 12 months?

It's more of a guideline than a rule. Just explain that you can't do the 90 days and you will ask the Court for permission to pay the him (the Trustee) over 12 months. Otherwise, I feel sorry for you.

[AngelinaCat]

Hi JB. The story I promised earlier is now there. Please referesh. Thanks

[AngelinaCatHub]

JB Dern, I wish you hadn't started this. Now I'M county the days. Hell I get up in the morning and look at my calendar and then bkforum to see what has happened.

How wuud ufff U. To put this on us. I've got three sets of dead hamsters all over practice for your 14th day. I've fed them Viagra and they are so tired they can't 'get up' the nerve to even procreate new ones for the 14th. I've got to spend a bit of Mrs. Unemployment Compensation and several Food Stamps to purchase a new group now.

The old guy, my oldest gray haired hamster is just slowly attempting to dance a bit. He just fell down poor old guy. He is three weeks old today.

Mrs. has gotten several more gray hairs I noticed. You just got to get this over or Mrs. and I may be buried before we find out your outcome. I wore out my refresh key in two keyboards on your site. We have not eaten in two days stuck to this thread. Please, get it over.............................................. ..........!!!!!!!!

[justbroke]

I apologize. I thought this would make the 14 days go faster, but at least the hamsters are enjoying themselves.