Recent content by Elmo-1

It's not too late to see a lawyer Depending on the details of your case, you may be opening up a can of worms. The money that was levied should have also been listed as an asset in your petition. If you pursue this too passionately without legal advice, it's not impossible to be charged with...

The last week before the 90 days were up I had 5 creditors (of 22 total) that filed claims. Still, the other 17 filed within the first 45 days. What happens is, if you're not already at 100% to unsecured, the creditors who do file claims will get a larger percentage than what was scheduled in...

If this is a typical corporate card guaranteed by your company, you'd best pay it, or risk corporate rath / termination as an example for violating company policy if personal use is restricted. Usually the contract signed to get the card makes the employer responsible to see that the lender is...

The Trustee would prepare a tax return for any income generated by 'property of the estate' after you file Bk. He also pays any income tax due from file date to the end of the fiscal year. This is rare, but if that property does generate income it's not your problem. File your taxes as...

Most people fail to complete their plan because of the inability to adjust to a rigid budget for a long period of time (3-5 years) with no credit. This is a lifestyle change that the whole family has to be comitted to and needs frequent CPR. During the term of the plan life goes on and a...

Yes, you can contact the Trustee yourself. I did it for the exact same reason - to get a new car. Start by calling his office and asking just what they need from you. You don't have to talk directly to the Trustee, his staff can probably get you set up on what you need to do. In my case it...

Unless you can exempt the 'asset with undetermined value', you will have a problem keeping the bonus. The good thing is that there is a ton of personal property exemptions in Texas. You can check Texas exemptions at: http://www.texasbankruptcylaw.com/exemptions.html If you can’t exempt the...

If any of the debt's have recently been turned over to collection agencies, send each of them a dispute letter and request validation of the debt. Per FDCPA Sec 809, the collector will have to get the info from the OC and send it to you (free of charge if they plan to continue collection...

Although the $3500 in fines/fees can't be discharged in Bk, Ch13 will allow the fine to be repaid over a 3-5 year period. The catch here is you'd have to qualify for Ch13. You'll need a regular income and pass both the liquidation and best effort test (which shouldn't be a problem on that...

First off, minimum payments are *never* preference payments. The part of the Code that applies to your situation is the following: (B) made in the ordinary course of business or financial affairs of the debtor and the transferee; and (C) made according to ordinary business terms; If your dad...

HRG - Don't fret over JETLAG. He's not happy unless he's ruined someone's day. He been out playing football without his helmet again. And Jetx, speaking of leeches on society, when’s the last time you had a paycheck that wasn’t from the government??? It’s called being pro-duc-tive. Aut...

There's an excellent list of expenses that can be input as a daily or yearly amount and the worksheet converts it to a monthly equivalent for filing purposes. Go to http://www.ca-bankruptcy-attorneys.com/calculators/expense_calculator.html Once you have your list of expenses, write them down...

In a way I agree with bigun, but it's all relative. I actually filed with a debt:income ratio less than what you're showing. Even though my credit sucks as a result, it was still worth it. You won't be able to get credit as it is, so there's little to be gained by continuing to pay your...

As long as the 2nd claim was accepted and approved by the Trustee that will do one of two things: 1) reduce the amount the unsecured creditors get, or 2) increase the number of months in your plan to cover the additional claim by the mortgage company. Neither of the above adjustments would...

ogwhit - this is where you need to get your attorney involved. Secured debts have to be satisfied, pre-petition and post to keep the asset. It might not seem fair, but the debtor has to make sure the secured creditor files an accurate proof of claim so every penny of their pre-petition debts...