justbroke
Super Moderator
Last Activity: 01-16-2025, 03:15 AM
Joined: 07-10-2008
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It is unlikely. The Chapter 7 Trustees come from a panel. They are typically regular bankruptcy attorneys and sometimes a CPA. The pool for the Middle District of Florida is 25 different Chapter 7 bankruptcy trustees on the panel. Combine that with the Northern and Southern districts, the pool is essentially... -
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Yes, you are allowed to keep up your regular, sensible 401K contributions in a Chapter 13. By sensible, I believe that some Trustees go by the highest match from your employer. For example, if you're employer matches up to 6%, then the Trustee would not fight over a...Leave a comment:
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You will pay the Trustee a 10% commission so you're at $55K already. Your residual attorney fees are likely about $4.5K so let's just call it $5K. You're already at $60K just with that. Over a period of 5 years, you will pay $1,000 a month for the 60 months. Sounds accurate...Leave a comment:
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Yes. The notice of plan payment completion is the first step. Usually either the Trustee or the debtor's attorney files a motion for entry of discharge. The debtor must file an affidavit concerning domestic support obligations. the debtor must file the financial management course certificate and certification...Leave a comment:
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Your attorney can reinstate the Chapter 13 by filing a motion to vacate order dismissing the case. They just do this within 14 days (I think) of the order dismissing the case. You'll have to make sure the payments reached TFS by that time since the attorney must say that you are now current.
...Leave a comment:
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The creditor will likely pounce on you like a cat on three-legged mouse. Seriously, they now know that you're capable of filing so they'll probably run to the courthouse steps to get a judgment and then make sure it becomes a secured judgment (by recording it).
...Leave a comment:
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Don't fret with Chapter 13s. The reason they fail is either that the debtor can't or won't stick to a budget. Some of the "failed" Chapter 13s are converted to a Chapter 7. The actual current completion rate is 52% (source: BAPCPA 2023 published statistics...Leave a comment:
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Let's just say the vehicle, at $4,000 value, and at 10.25% (Till) would be $85.48/month over 5 years.
Let's just say the attorney fees are $3,500 remaining over the same 5 years at 0%, which would be $58.33/month.
The real deal is what would be your disposable monthly income...Leave a comment:
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Well, if you're filing a Chapter 13 you can actually--and should--file a motion to value the lien on the vehicle. This would make the title loan worth $4K in secured debt and $5K in unsecured debt. The Chapter 13 would re-amortize the loan to a 3 or 5 year loan at 10.XX% (based on Till Rate). That is...Leave a comment:
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I would not look at the NDC's website to determine where you are. We debtors only use the NDC to see what has been paid. The Trustee's typically have their own internal accounting system that has the actual amounts and what is left.
You can ask your attorney when you'll be done, but that's...Leave a comment:
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First, unless you are married at the time of filing your Chapter 7, you cannot file a joint chapter 7. Second, as for the travel, it shouldn't be an issue with 90 days having passed since the trip. Finally, paying off a credit card within 90 days of filing could cause...Leave a comment:
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