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justbroke
justbroke
Super Moderator
Last Activity: Today, 07:09 PM
Joined: 07-10-2008
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  • A $1,040/month car payment is going to be a problem no matter how you slice it up. As shipo mentioned, you should obtain 3-4 more free consultations to get their take. A payment over $619/month is a "luxury" car and bankruptcy is the antithesis of luxury. In a Chapter 13, a trustee is not...
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  • As shipo says, so long as you can manage those cards by paying them off, it's no issue. However, I had an FNBO American Express which was converted to a VISA. It had a $5K limit. I didn't use it for a year and they summarily cancelled the account due to non-use. There are creditors that don't like credit...
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  • Congratulations on taking the initiative to retrieve the Order Vacating Wage Deduction Order and getting it to your employer!
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  • justbroke
    replied to End of 5 years
    Definitely start chatting with your attorney to make sure you have a smooth transition. This is especially important if you have a wage deduction order in place and/or are paying a mortgage through the trustee (inside the plan). You generally cannot directly contact the trustee as they will refer you...
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  • justbroke
    replied to Credit Card still open
    Do not do anything. It generally can take 30-60 days for the creditor to report the "new" status to the credit bureaus. It has only been a few weeks. It will probably be updated by 1/1/2025 and would certainly be updated within 30 days of your discharge.

    I wouldn't do anything...
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  • justbroke
    replied to Credit Card still open
    Student loans are not discharged in bankruptcy. The only exception to that rule is if the debtor asked the court to specifically discharge them due to a true hardship. The hardship is typically a high hurdle and barrier to getting them discharged. Student loans would go into forbearance while the bankruptcy...
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  • I think the conversation will go well. Life happens, and we need to take care of ourselves. If there is still enough money to pay the creditors "something" if the plan is modified, then the Chapter 13 Trustee may be more receptive than trying to negotiate something infeasible.
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  • This is a very good question. Chapter 13s have options to deal with a change in income, family size, and other unexpected events. Someone will need to go through all the data and figure out what is viable. I would always put my health and safety over being in the plan. That said, start with your attorney....
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  • I don't think the Trustee will make the 12/1 payment since you are discharged. The Trustee has cash-on-hand and needs to refund you. You will need to make that 12/1 payment. I had the same issue where my trustee, at the time, had over $13K in overpaid funds and I had to make my mortgage payment. They...
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  • Oh, there IS a wage order terminating. Those are electronically signed... usually at the TOP of the order these days.
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  • It's just a motion. The Trustee probably also sent a proposed order, which is sent separately and directly to "chambers" (a/k/a the judge's law clerk or courtroom deputy). The judge will then sign and it will be posted.
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  • justbroke
    replied to Discharge comin
    Happy dance, indeed! Congratulations once again!
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  • justbroke
    replied to This is for the people in ohio
    I believe that Ohio is one of the only States that goes by the confirmation date for a Chapter 13. It may only be a specific division--Northern vs. Southern. I only know that it is different from every single other districts in the country. I'm surprised that someone hasn't run this all the way up to...
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  • Please see my sticky note Credit Bureau Early Exclusion.

    Here's a general response to your question.
    • The last credit bureau will be Equifax (EQ) and it will fall off about 2/1/2025. Just wait for this. Do not touch!
    • Transunion (TU) allows early exclusion and you should be able to TODAY
    ...
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  • Congratulations!

    There's no way to tell when it will be done. In some Districts, the attorney for the debtor files the motion to vacate the wage deduction order (WDO). In others, the Trustee does this. I don't know how it works in your District, but mine requires the attorney to file the...
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  • justbroke
    replied to Chapter 7
    Yes, you will still receive your discharge 60 days from that 341 Meeting. The investigation is to determine whether or not you will be classified an asset case. If it's an asset case, the discharge still comes after 60 days of that first scheduled 341, but the case will remain open until the Trustee...
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  • justbroke
    replied to Ch 13 discharge
    Cool! The final report is a good sign that the discharge is coming soon.
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  • justbroke
    replied to Chapter 13-- 90 Day Question
    The bankruptcy code just says that there is a presumption of certain debts incurred within 90-days of filing. The creditor would still need to take some action to get them declared as non-dischargeable. The debts are those purchases of "luxury" goods to a single creditor aggregating over $800;...
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  • justbroke
    replied to Chapter 13-- 90 Day Question
    If you're in a 100% plan there are no issues. Since you are filing a Chapter 13, there would likely be no issues anyhow. The worse they could do is make you pay it all back in a Chapter 13. But wait, you are already in a proposed 100% plan. Ta da.
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  • justbroke
    replied to Ch 13 discharge
    I would not worry about what is on the Trustee site, NDC, or TrustWin. We use those only to see which creditors they paid and when. We do not try to divine what the Chapter 13 Trustee is actually doing. They have their own process and each Chapter 13 Trustee seems to use these systems differently and...
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