Is anyone familiar with a Chapter 13 bankrupcy

[naughtybear]

?

[Anne_in_VA]

It's a bankruptcy plan where you pay your debts back over a period of time.  

[Bonny]

This link may be helpful in explaining the different types of bankruptcy options:

en.wikipedia.org/wiki/Chapter_13,_Title_11,_United_States_Code

[naughtybear]

I know what it is, I am in it. I was just wondering if anyone else had experience with it.

[mmhmm]

Chapter 13 Basics

[naughtybear]

I'm asking if anyone here has a personal experience with it, sorry I wasn't clear.

[Anne_in_VA]

I had a very good friend go through it quite a few years ago.  IIRC he was in default on his mortgage, in arrears on HOA dues and assessments, and some other bills due to an illness and losing a job.  He had gotten a new job, but was so far behind he was being threatened with lawsuits.  He went to a lawyer who filed the paperwork.  He ended paying everything he owed back except for his house which he lost to foreclosure.  I want to say that I think the bankruptcy was discharged after either 3 or 5 years.  

[Bonny]

Aug 18, 2016 19:35:17 GMT -5 Anne_in_VA said:

I had a very good friend go through it quite a few years ago.  IIRC he was in default on his mortgage, in arrears on HOA dues and assessments, and some other bills due to an illness and losing a job.  He had gotten a new job, but was so far behind he was being threatened with lawsuits.  He went to a lawyer who filed the paperwork.  He ended paying everything he owed back except for his house which he lost to foreclosure.  I want to say that I think the bankruptcy was discharged after either 3 or 5 years.  

I think my brother filed for chap 13 too, about 25 years ago. He was very proud that he filed 13 vs my parents 7 in 2006.

Unfortunately he's still a financial trainwreck. Filing BK did not solve the basic problem that he can't live within his means.

I hope your situation is better naughtybear.

Good luck!

[Works4me]

BFF and her DH did one 3-4 years ago. She still says that as rough as the feelings of shame and embarrassment were, she still wishes that they had been able to admit how bad things were sooner. Theirs was due to illness and medical bills combined with under-employment but it was still one of the most grueling things they have ever had to do.

What is it you want to know?



ETA - I really like your new user name - welcome back!

[naughtybear]

I am not proud, I'm, well was humiliated but that has eased over the last 52 months. It's a long term thing in your life.  I have nothing to fall back on so I have to live with the cash  I have, my car is broken and I can't pull out a credit card to fix it. My purchases are tracked to the dime.

My question was that I was looking at 13datacenter which is the site that everything is electronically tracked, payments, trustee payments, how much you have sent in etc. It's showing that there will be nothing left to pay after month 56, when our plan is for 60 months. I think it was a math error way back when. The only googling I get is about paying it off earlier with a bonus or such not when there is nothing left to pay. I'm trying not to get my hopes up at a discharge at month 56 and not 60. Will call the lawyer soon but that asshole got his 4500 from us in 2012 and never returns my calls.

[NoNamePerson]

Aug 19, 2016 7:43:08 GMT -5 naughtybear said:

I am not proud, I'm, well was humiliated but that has eased over the last 52 months. It's a long term thing in your life.  I have nothing to fall back on so I have to live with the cash  I have, my car is broken and I can't pull out a credit card to fix it. My purchases are tracked to the dime.

My question was that I was looking at 13datacenter which is the site that everything is electronically tracked, payments, trustee payments, how much you have sent in etc. It's showing that there will be nothing left to pay after month 56, when our plan is for 60 months. I think it was a math error way back when. The only googling I get is about paying it off earlier with a bonus or such not when there is nothing left to pay. I'm trying not to get my hopes up at a discharge at month 56 and not 60. Will call the lawyer soon but that asshole got his 4500 from us in 2012 and never returns my calls.

I'd show up on his friggin doorstep!!  Or did his fee just cover the actual filing and then it is up to you to do the rest of the research as to you particular case??

[Bluerobin]

You could call the bankruptcy clerk for the info. 

[naughtybear]

PFFFTTTT, they refer you to your lawyer...I think it's the first thing they are taught. I swear it's like it's the government or something....oh wait it is. It's okay I have time to see. I keep running the numbers back and forth over and over and it seems I am right but I don't really have to bring it up until nov time. I was just wondering if anyone here has experienced it. A lot of googling came up with the plan lasting LONGER than planned as quite common.

[Works4me]

Do your numbers include any applicable interest and fees?
Are you sure you are including everything?

[Sam_2.0]

If you come over to the WIRR threads, there's a racer who just finished up a Ch13 and came out of it quite well. I want to say it's NikiZ but I am not 100% sure on that.

[thyme4change]

Aug 19, 2016 8:31:18 GMT -5 Bluerobin said:

You could call the bankruptcy clerk for the info. 

My husband is a bankruptcy clerk, and he can't give out much info, except the times of the hearings - and he doesn't even do that, because he doesn't keep the calendar.  He can't give any information that could be interpreted as legal advice.

However, his court has a lawyer on staff that helps pro-se filers with some of the legal stuff.  I don't know if that is a thing in every bankruptcy court.  I think they call it the self-help center, maybe.  But if your court has something like that, maybe that person can give you some direction.

[thyme4change]

Aug 19, 2016 8:41:33 GMT -5 naughtybear said:

PFFFTTTT, they refer you to your lawyer...I think it's the first thing they are taught. I swear it's like it's the government or something....oh wait it is. It's okay I have time to see. I keep running the numbers back and forth over and over and it seems I am right but I don't really have to bring it up until nov time. I was just wondering if anyone here has experienced it. A lot of googling came up with the plan lasting LONGER than planned as quite common.

They have to stay impartial.  It isn't a personal thing.  They want to be helpful, but if they spend their days giving free legal advice to every debtor that has a question, they would lose their impartiality, and not be able to get their job done.  

I could fill a book with all the shit my husband can't do.  We had to pull our daughter out of gymnastics.  We had to find a different plumber, right when we needed one most.  And a thousand other things.  If his best friend from law school gets free tickets from a non-lawyer source for a baseball game, my husband either has to pay for the ticket or not go.  He paid for free tickets to a gold tournament.  I don't even know how you do that!  He goes above and beyond to maintain his ethics because he believes in the system and drives to do the right thing.  Please respect the guy who is just doing his job.  


I'm sorry your lawyer is ignoring you.  Law school seems to encourage procrastination, and how lawyers are compensated encourages some weird prioritization.  All I can tell you is that you will not stay on his list, unless you are super aggressive about it.  Call daily, call twice a day, call every hour.  I wouldn't wait until November, as it will take 3 months to clear it up, and by then you will already have overpaid.

Contracts on completing your payments.  That really is great.  

[naughtybear]

I have analysed those number in, out and sideways. Unless there is something that is not on that site then I am fairly certain I am correct. As far as I can figure out the initial numbers included a 10% trustee fee and it has actually been 5%, accounting for that number it seems to be very, very close to be what we will actually pay in 56 months.

[naughtybear]

I know that, I have read that they can't. I've only called the trustee (well the office) twice and the info was given to me, other than that I know they can't answer anything. There is a wealth of info on the internet I just can't find this particular scenario. Weird.

Thanks Thyme, you are right I tend to forget that it will probably take a while. I am going to run the numbers AGAIN, then call him very soon. I want it discharged asap and even though the ex is making the payments and he'll get the money back I want that discharge ASAP.

Edit: What will happen is the trustee will get Dec payment and there will be nothing to pay.

[Bluerobin]

Aug 19, 2016 10:20:18 GMT -5 thyme4change said:

Aug 19, 2016 8:31:18 GMT -5 Bluerobin said:

You could call the bankruptcy clerk for the info. 

My husband is a bankruptcy clerk, and he can't give out much info, except the times of the hearings - and he doesn't even do that, because he doesn't keep the calendar.  He can't give any information that could be interpreted as legal advice.

However, his court has a lawyer on staff that helps pro-se filers with some of the legal stuff.  I don't know if that is a thing in every bankruptcy court.  I think they call it the self-help center, maybe.  But if your court has something like that, maybe that person can give you some direction.

I worked on corporate bankruptcies and always started with the clerk.  If he couldn't tell you, he could refer you.

[thyme4change]

I guess it depends on what kind of thing you are asking for. But an individual debtor calling to ask legal questions isn't going to get far. I am not sure what legal advice the clerk gave you.

[naughtybear]

If you are still talking to me I just asked what a procedure was, in the middle of trying to understand the procedure I obviously got into what could be construed as legal advice and was told to talk to me lawyer. I got it, I understood. I'm sorry the pfffttt may have upset you I didn't mean it too, just a stream of conciousness that I have.

[thyme4change]

I was responding to Blue Robin, whose clerk apparantly does give legal advice. Maybe my husband is overly ethical. I dont know what Blue does for a living, but talking to law firms about procedural matters is different than talking to individual debtors. Maybe the guy you talked to just didn't want to deal with it. If every consumer debtor needed 30 minutes of help understanding the legal process, the workload would be unbearable. That is what you are paying your lawyer for. That is how the system works.

[Bluerobin]

thyme, I did corporate collections before I retired.  Lots of bankruptcies to deal with.  Mostly Chapter 7 and 11, but other chapters at times.

[naughtybear]

I can imagine that would be an awful lot of time, lucky for Mr. answer the phone guy I only called twice in 52 months and I got the hint both times very quickly.

I wasn't asking him for help, I asked him a procedural question, well within his scope and not in any way giving me advice. Along the way I did ask some questions, that were then met with talk to your lawyer. The questions I asked where just of the top of my head, more along the lines of talking to myself and making sure I understood what the procedure was.