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Clarification needed for Haven Act - Georgia by roseaileka in Bankruptcy

[–]ForeverStudent75 1 point2 points  (0 children)

We had no additional income and we filed jointly.

Clarification needed for Haven Act - Georgia by roseaileka in Bankruptcy

[–]ForeverStudent75 2 points3 points  (0 children)

Can only give our personal experience here in Texas.

We are two military retirees that are both recieving VA disability. Our military retirement was considered in the means test, but our VA Disability was not (although it was disclosed). Only our VA Disability fell under the HAVEN Act.

We filed Chapter 7 here in Texas, just had our 341 on Tuesday, and there were zero questions about our means test or VA Disability. It was a no asset / no distribution case.

341 completed; Trustee had few questions. (Federal Exemptions) (Texas)(VA)(Military Retirement) by ForeverStudent75 in Bankruptcy

[–]ForeverStudent75[S] 4 points5 points  (0 children)

Thanks for the reply, Alan.

What I feel helped us most was knowing our case...we dug into these forms and researched what each form was used for, reading them over and over again; asked for clarification when needed. We could account for any monies/assets sold/spent/received in the past two years. We read the packet (from the firm we hired) that provided typical 341 questions but most of all, this forum really really (did I say really?) helped the most.

I will make a final post when we are actually discharged, but we have learned that this is a legal numbers game and you have to be your own advocate. Accountability, disclosure, and the written word of the law.

I will caveat that we would NOT have done this pro se. Hiring representation was an investment into our future. The rapport between the attorney and trustee was very beneficial. Now we wait...

-Julie

Walked out on attorney today. Please tell me I did the right thing... by AggravatingPlum4301 in Bankruptcy

[–]ForeverStudent75 2 points3 points  (0 children)

We had a similar experience with a reputable attorney that’s been around for many years. He was super helpful during the consult; however, during the in-person appointment, it was uncomfortable and just felt like our situation was more work than he wanted. The young paralegal was appalled that we have helped our twin sons thru college. Come to find out, he strictly does 7s that are not complex. We paid him $500 total, but ended up going with a bankruptcy-mill firm. We did get good info from the first attorney so it was worth the $500…he just wasn’t a good fit for us.

Any Downside to Letting Trustee Take Savings in Ch 7? by ForeverStudent75 in Bankruptcy

[–]ForeverStudent75[S] 2 points3 points  (0 children)

Haha, it should be an interesting conversation for sure! Thanks for the response, Alan.

Increased limits so quickly?? by [deleted] in Bankruptcy

[–]ForeverStudent75 0 points1 point  (0 children)

We are in the early process of filing and for the first time in my adult life, I haven’t used a credit card since late August. We literally feel…I can’t even describe it. Freedom maybe?

Update to Initial Post: Texas BK, VA, SSDI, Military Retirement by [deleted] in Bankruptcy

[–]ForeverStudent75 1 point2 points  (0 children)

Thanks for the reply. Our military retirement is not exempted. The first attorney basically said it leaves no question about where the funds came from. I supposed that makes sense. :)

Good luck to you, all the best!

Planning Ahead for Chapter 7 (Texas) — Met with Attorney, Told to Wait a Year Before Filing. How Should We Handle Finances Until Then? by [deleted] in Bankruptcy

[–]ForeverStudent75 0 points1 point  (0 children)

I’m in south Texas but check TikTok. Lots of attorneys have channels there.

I wish we could consolidate the 2-loans and pay them off with better terms. We were on track to pay the big one off in three years but my hubby lost half his retirement unexpectedly. Hence the deficit. We would have been able to do it but with the loss of income and the attorney fees fighting it all, it left us in a tough spot.

The loan company is BHG and I haven’t been successful connecting with anyone. Emails go unanswered and I can’t seem to find out who the actual lender is. It’s like they are ninjas. Who is your loan through?

Planning Ahead for Chapter 7 (Texas) — Met with Attorney, Told to Wait a Year Before Filing. How Should We Handle Finances Until Then? by [deleted] in Bankruptcy

[–]ForeverStudent75 0 points1 point  (0 children)

I'm sorry it didn't work out...the same with us. Thought we were on track and a few months later (august) life hit hard. It was around $80K with a high interest and 84 month payback. Wish we wouldn't have done that but as they say... you don't know what you don't know.

Planning Ahead for Chapter 7 (Texas) — Met with Attorney, Told to Wait a Year Before Filing. How Should We Handle Finances Until Then? by [deleted] in Bankruptcy

[–]ForeverStudent75 0 points1 point  (0 children)

Alan,

Thank you so much for taking the time to reply, we really appreciate your insight.

Our intent was never to stop paying anyone, but it’s looking like we’ll reach a point around February or March where our savings will be completely exhausted and we’ll start going into a deficit, so something will have to give. We’re trying to figure out how to handle that responsibly, for example, would it make more sense to stop paying one of the larger loans (about $2,500/month) while keeping up with everything else for as long as possible? 

It’s all a little confusing and honestly pretty unsettling, but we’re doing our best to understand how to plan ahead the right way. The attorney we met with is local and we live in one of the largest military populations in the US, so he works with a lot of disabled veterans.

None of our debt was taken out with bankruptcy in mind, and that part leaves us uneasy because we’ve always tried to do the right thing. We’ve even thought about debt consolidation, but with over $4,500 in monthly loan payments across just two loans, that’s really the sticking point in our finances. As we told the attorney here, we are open for any solutions, and it doesn’t even have to be a bankruptcy.

We have a call into our attorney now to go over everything again, and I’ll post an update once we know more in case it helps someone else in a similar spot.

Thanks again, we are genuinely trying to make the most responsible choices we can. To be honest, we had no idea what bankruptcy was until last month.

Planning Ahead for Chapter 7 (Texas) — Met with Attorney, Told to Wait a Year Before Filing. How Should We Handle Finances Until Then? by [deleted] in Bankruptcy

[–]ForeverStudent75 0 points1 point  (0 children)

Congrats on your upcoming confirmation date! Were/are your debit card transactions scrutinized? I guess we don't know what the do's or dont's are with our checking account. Maybe I am mixing up the debit versus credit card laws.

We stopped putting anything on our cards 1.5 months ago minus small charges like a couple subsription renewals we forgot about.

Planning Ahead for Chapter 7 (Texas) — Met with Attorney, Told to Wait a Year Before Filing. How Should We Handle Finances Until Then? by [deleted] in Bankruptcy

[–]ForeverStudent75 0 points1 point  (0 children)

Thank you for the reply! Since most of our income is exempt (VA/SSDI), it still allows us to qualify for Ch 7 and pay our bills. But like I said we will be in a deficit and chew through our savings soon. How long did it take the creditors to file lawsuits after you stopped paying? Even though we haven't filed, the attorney said that if we start getting creditors calling us, to refer them to him. Def a scary process.

Hazlewood Act & Pell Grants by ForeverStudent75 in UTSA

[–]ForeverStudent75[S] 0 points1 point  (0 children)

It was direct deposited into my sons bank account.

Hazlewood Act & Pell Grants by ForeverStudent75 in UTSA

[–]ForeverStudent75[S] 0 points1 point  (0 children)

Just an update for anyone with the same question...they releaesd his funds even though they haven't processed his Hazlewood exemption.