An employer can withhold the trustee payment from wages only if the employer received an order from the bankruptcy court to withhold the wages for that purpose.
In the South Bend Division - where you would have filed if you live in Elkhart -Trustee Miller pretty much requires that payments be made by wage order if the debtor is employed with a company technologically capable of doing so. This because wage orders statistically give chapter 13 debtors the strongest likelihood of success....
You will need to discuss the situation with your attorney so the proper request can be made to the trustee in your case.
In general, the answer is it can be done, but there are a number of factors to consider, including:
-How much has the Trustee paid toward the current car.
-How much is still owed to that secured creditor
-Will it make more sense to surrender the current car and buy another, rather than trade.
-Can you trustee payments be reduced to make room for the new car payment.
If you filed in May of 2011, the Trustee would be entitled to administer about 5/12ths of your 2011 tax refund (the one you are about to get). This is because your bankruptcy estate takes over all your assets, including any money owed to you. As of the day you filed, the government owed you money in the form of two tax refunds. Apparently your 2010 refund, which you (I assume) got after filing, and a portion of the 2011 refund, which you were owed 5/12ths of by that date.
You likely have at least a year to move. You'll get plenty of notice of the sale when it gets set.
You are still the owner in the meantime so you are liable for certain things like HOA dues. Should probably keep the property insured as well. Check with your bankruptcy attorney for advice on these issues.
A reaffirmation agreement can only be rescinded (cancelled) for 60 days after it is filed, or by the discharge date, whichever gives you more time to cancel.
11 U.S.C. § 524(c)(4): "The debtor may rescind a reaffirmation agreement that has been filed with the court by giving notice of rescission to the holder of such claim. The period for rescission is normally specified in the reaffirmation agreement as any time prior to the discharge or sixty days after the agreement has been filed with...
The manner in which you listed your loan on the bankruptcy documents is irrelevant to whether the debt was discharged.
Student loan debt is non-dischargable unless you successfully brought and won an adversary proceeding to prove that paying it would cause you an undue hardship. This is extremely difficult to do, as most bankruptcy judges would require proof that there is no way you could EVER pay anything back. Essentially it only works if you are totally and permanently disabled and...
Yes. Your debt to that creditor is a general unsecured debt. It is no different than any other credit card or medical bill and can be discharged in a new bankruptcy case.
I assume the reason you can't file Ch 7 for another year is due to a prior bankruptcy. As long as it has been 4 years since your prior Ch 7, you should be eligible for a discharge under Chapter 13.
Your payments in the Chapter 13 would be based on a number of factors, including your ability to pay, the value of your...
If you did not reaffirm, you would be able to return the vehicle now without any penalty and without the repossession showing on your credit report.
Credit reports are supposed to reflect information about your personal liabilities. Since you have no personal liability for this debt anymore, the repo cannot be reported there.
Based on the facts as you describe them (home was surrendered in the Ch 13 plan), the debt has been discharged as to your husband and he is no longer liable to Wells Fargo. He may still be on the deed to the home, and therefore would be listed as a defendant in any foreclosure action, but he is not personally liable. So they should not be calling to collect.
Contact the attorney who handled your bankruptcy to see if the facts merit reopening the bankruptcy case to bring an action to...
Determining whether you are above or below the median income is only Step 1 in determining your eligibility for Chapter 7 bankruptcy. If you are above the median, there is an extensive calculation required (known as the means test) to determine your eligibility.
You should contact a local bankruptcy attorney to discuss your options. Even if you do not qualify for Chapter 7, you may find other alternatives (such as Chapter 13) can be used to address your debt problems.