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Happy ending for a Chapter 13 filer!

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    Happy ending for a Chapter 13 filer!


    #2
    Thanks for sharing the outcome of this interesting Ch 13 case, keepmine. For once, Debtors 1, Creditors 0! Wish this happened more often.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Not sure why a below med income debtor with 8 dependents wouldn't get to file a chapter 7 unless there were secured debt arrears.
      Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
      Plan Confirmation 6/16/06 :yahoo:
      Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

      Comment


        #4
        The article said they were giving up furniture that was financed and risked loosing no other property by filing a Ch 7. Maybe their attny feared Creditor's Objections for other reasons??!!
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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          #5
          Although the debtor was retaining real estate and paying just a 1% dividend to general unsecured creditors,

          Either the mortgage was in arrears or, the equity in the home was above the level that could be exempted.

          Comment


            #6
            Sounds like a great result but is limited to that district. I wonder if the Supreme Court or a court of appeals has dealt with this issue.

            Comment


              #7
              It basically sets a precedent though that religious education is considered a reasonable expense by a family. Very good though.

              Personally with the state of the public schools, if I have children I"d want them home schooled or in a private school.
              May 31st, 2007: Petition Filed by my lawyer
              July 2nd, 2007: 341 Meeting Held
              September 4th, 2007: Discharged and Closed.

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