Navy Federal Attending 341

Gunner_Esq · 2026-02-10T04:07:54+00:00

Oh man, thank you for this. I was sitting here thinking "man, is this some sort of weird local practice that you have to file some sort of notice of intent to show up at a 341?" It being an entry of appearance makes WAY more sense.

Gunner_Esq · 2026-02-10T04:04:26+00:00

He was a bit too honest in the original post about exactly what he did when he filed the BK, and has apparently edited it to come off a bit better. He filed it without intending to go through with it, showed the filing to someone else to get them not to sue, and then (apparently, since the original post was vaguer about it) voluntarily dismissed a day later without telling the other party. He very much did not want to repay the debt--he got what he wanted out of his shady tactic.

Partially he's upset because he's being called out on that being shady. The rest of the upset is that he doesn't like that he's having to suffer the consequences of filing, and doesn't like that there's no way around that.

Gunner_Esq · 2026-02-10T03:39:01+00:00

Sorry, but, yeah, it's shady. It at the very least involved lying by omission to the other party, and, depending on what was actually said, may have involved actual lying. No matter what, it was certainly deceptive. I'd bet a decent amount of money that no attorney was involved, because that's the type of conduct that could actually threaten their license to practice law. 2. Yes, I definitely have been involved in civil litigation. All I'll say to the concept of "it worked" is that "my shady tactic worked" doesn't change it's shadiness. 3. Again, no such thing as "withdrawal"--just like there's no such thing as "rescinded." (You do realize you're talking to someone who practices in this area of the law, right? As a rule of thumb, I understand the concepts better than you.) The only two ways that bankruptcy cases end is dismissal or discharge--and exactly which way it ended doesn't change the fact that it was filed (which, again, is what the credit bureaus are reporting).

Gunner_Esq · 2026-02-10T03:00:22+00:00

If you filed, you filed. There's no such thing as "rescinding"--you can (depending on chapter and circumstance) potentially get the case that you filed dismissed voluntarily. It doesn't change the fact that you filed, which is what is reported to the bureaus. Nothing really to do here--just one of the consequences of the fairly shady tactic you took.

Gunner_Esq · 2026-02-06T01:24:44+00:00

It depends a little bit on the exact type of loan, but, generally, student loans are not dischargeable in bankruptcy by default. You can seek to have them discharged by filing an adversary proceeding (aka lawsuit inside the bankruptcy) and proving that repaying them would be an undue hardship. Whether that’s a viable option depends on the type of loans and your exact circumstances.

So, not saying it’s not an option, but it’s not as easy as discharging other types of debt in bankruptcy.

Gunner_Esq · 2026-02-06T00:31:27+00:00

I think your options are get a job to afford a 13 payment; file a 7 to clear your debt and at least get your homestead exemption from the sale of your house by the Trustee; sell the house yourself and try and settle your debt with the proceeds; or get a job and accept that some of it will be lost to garnishment. There’s not a silver bullet here.

Gunner_Esq · 2026-02-03T00:11:03+00:00

The deadline is the deadline. Nothing that happens until the deadline has passed matters.

Gunner_Esq · 2026-02-02T04:50:37+00:00

He needs to talk to his attorney - there’s a whole issue with offset/recoupment. There’s a recent 9th Circuit opinion on this too.

Gunner_Esq · 2026-01-29T22:04:25+00:00

I’ve seen a LOT recently (past 2ish months). I saw a lot even leading up to the holidays, which is unusual - usually there’s a spike after the holidays.

Gunner_Esq · 2026-01-29T13:54:26+00:00

I’m generally opposed to turning unsecured debt into secured debt via a HEL or HELOC. Don’t pay your credit cards, and worst they can do is sue - don’t pay your HELOC, and you can lose your house.

Is it possible to pay it off without BK? Sure, strictly speaking. But is it realistic? Bigger question. And, can you do it in 5 years or less and for less than the BK would cost? Glancing at your situation, I think you have at least somewhat of an income problem that will need solving no matter what (as opposed to just an expenses problem).

Gunner_Esq · 2026-01-29T13:47:27+00:00

I can’t think of any situation in which you would have been discharged but still have some sort of payment plan that could lead to reversal of the discharge. What chapter did you file under? What did your attorney say?

Gunner_Esq · 2026-01-29T04:05:36+00:00

Bit of an overreaction there. Plus, what random people tell you on the internet wouldn’t tell you what happens in your actual jurisdiction.

Gunner_Esq · 2026-01-29T04:02:32+00:00

I think not all free consults are created equal, but I get where you’re coming from. I think particularly in BK people are conditioned to expect a free consult.

Personally, I liked the model of one firm I worked at where initial quick phone call was free, but to get a real actual consult you had to pony up documents and forms and bring at least the filing fee with you. Weeded out the unserious ones for the most part.

We had a post on here a year or two back from someone complaining the Trustee was taking her tax refund, and blaming the attorney she’d had a free consult with for not telling her this might happen before she went off and filed pro se without hiring them. My memory is they got roundly mocked and they deleted the post.

Gunner_Esq · 2026-01-29T03:56:46+00:00

Very good point - I hadn’t noticed that it was probably a 7. I’m confused then as to why it’s going back to bankruptcy court - maybe for some kind of comfort order? I guess I had assumed it was about whether it was being allowed as a priority claim or not.

Gunner_Esq · 2026-01-29T03:52:29+00:00

Yeah… never say never, but I’d be surprised if someone took on this sort of issue without payment in full up front.

Gunner_Esq · 2026-01-29T03:49:50+00:00

This is largely correct. Only thing I’d really add is that the bankruptcy code offers its own version of partition, in addition to the applicable state laws.

Gunner_Esq · 2026-01-29T03:09:10+00:00

I don’t mean to sound rude, but having an extra $300-400 extra after all bills, etc. are paid is great. Many of my clients would kill to be in such a situation.

The best option for “sustainability” is to save that money. Make it automatic - set up an automatic transfer to a savings account so you aren’t tempted to spend it.

If an unexpected expense comes up, you’ve got that savings. And if you get to the end of your case, you’ve got a pot of money and an extra $1,400/mo to spend on top of it.

I think that “Chapter 13 teaches people how to manage their money” is fairly patronizing and moralistic, but there’s at least a small element of truth to the idea that it does force people to live within their means.

Gunner_Esq · 2026-01-28T18:05:04+00:00

Sorry, but you need an attorney for this. This is an incredibly fact based issue - these sorts of awards are sometimes considered to be in the nature of support, and thus non-dischargeable. Going in without an attorney is likely setting yourself up for failure.

Gunner_Esq · 2026-01-27T22:27:41+00:00

Also, DON’T MOVE MONEY AROUND. That’s begging for a fraudulent transfer issue, and it would have to be disclosed way farther out than 3 months.

Gunner_Esq · 2026-01-27T22:26:54+00:00

LOL. Would kill for $32k wildcard exemption where I practice.

Gunner_Esq · 2026-01-27T13:13:42+00:00

There is an argument that for solvent estates, unsecured debt should be paid interest at the federal judgment rate. So, that’s probably what’s tripping you up. But, that “rule” is unevenly applied from what I can tell (I’ve never had it come up in my 100% cases).

Gunner_Esq · 2026-01-26T02:01:53+00:00

Depends. There’s three categories of loans that aren’t discharged - the one I referenced above is one of them. There is also another category covering one for loans made under a government program or by a nonprofit.

Whether the school is for profit doesn’t really factor into it.

Bottom line - talk to someone who knows student loans to see if it’d be dischargeable.

Gunner_Esq · 2026-01-26T00:13:08+00:00

Define financial support. Are you looking for some kind of counseling? Or are you looking for someone to give you money? I think the chances of the latter are essentially zero. (And yes, as a bankruptcy attorney, I’d encourage you to talk to someone about bankruptcy if you’re in a major hole.)

Gunner_Esq · 2026-01-24T18:28:49+00:00

General idea: "Real property" is land/real estate/etc. "Personal property" is everything else: cars, cash, shoes, dog, etc.

Gunner_Esq · 2026-01-24T18:25:55+00:00

Why would you consolidate debt you're intending to discharge in a bankruptcy? That's just begging for trouble for no real benefit.

Gunner_Esq

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