Sine Die

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driftingthrough28

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Sine Die
« on: May 04, 2014, 01:20:48 AM »
Well greetings to everybody here. I have come for advice and support. I filed bankruptcy in 2011 and shortly after found myself in an abusive relationship and did not fulfill all of my obligations. After resolving all the personal and psychological issues I went to the trustee to try and plead my case and put my affairs back in order. They asked for a fee to reactivate my file and I started to save but before I could come up with all the money they filed for their discharge of me and despite me filing a response and asking for mediation they received it in March of 2014. Now I live in fear of when the creditors start calling again. So far I have only heard from one about the student loan but I can imagine it is just a matter of time. I will be paying a different trustee on May 23rd to head into court and try to reactivate the file but I was told I might not even be allowed to refile. Does anybody have any suggestions as to what I should expect to happen and what I should be doing? If I do end up in court how much of my wages will likely be garnished? I am a low income earner and am concerned they will make it impossible for me to pay my rent and groceries.

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NotATrust-E

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Re: Sine Die
« Reply #1 on: May 04, 2014, 01:24:41 PM »
You've got a lot of separate issues. I'll see if I can separate them out.

1) You said that you will be paying a different trustee to go to court for you and that you might not be able to refile. Technically, you aren't re-filing, but simply getting the stay of proceedings against debt collection reimposed. The only way that you wouldn't be able to get a new trustee reappointed would be if your first trustee opposed it in court. This rarely happens - it costs them time and money to fight a reappointment. You're likely safe. The new trustee may ask you to swear an affidavit about your situation - work with them as much as possible.

2)For your other debts, student loans are a special case because they usually survive bankruptcy and as creditors, the student loan people are quite organized. Don't assume other creditors will act the same as them. Enough creditors, like for credit cards and loans may simply have written the debt off as uncollectable. It's no guarantee, but you may be okay for now.

3) If you do end up in court, you'll have an opportunity to tell your side of the story. Courts tend to be more responsive to people that actually appear in front of them. Be honest. If you can show that you worked to re-open your bankruptcy case, you'll have proof that you made an attempt to deal with the situation. I don't know how much garnishments tend to be, but I've heard 20% as a figure. I'm guessing it varies from court to court.

In general, I think that you'll be fine. Provide the information the new trustee requests and get done what you need to get done. If there's a problem with the reappointment, make sure that you communicate with the student loan creditor about your situation and, as much as possible, make a deal with them. Unless you've been out of school for more than 7 years, your student loan debts aren't automatically included (this is a tricky section of the Act, so don't take my word on it). If a creditor tries to get a garnishment, go to court and explain your side.

Well greetings to everybody here. I have come for advice and support. I filed bankruptcy in 2011 and shortly after found myself in an abusive relationship and did not fulfill all of my obligations. After resolving all the personal and psychological issues I went to the trustee to try and plead my case and put my affairs back in order. They asked for a fee to reactivate my file and I started to save but before I could come up with all the money they filed for their discharge of me and despite me filing a response and asking for mediation they received it in March of 2014. Now I live in fear of when the creditors start calling again. So far I have only heard from one about the student loan but I can imagine it is just a matter of time. I will be paying a different trustee on May 23rd to head into court and try to reactivate the file but I was told I might not even be allowed to refile. Does anybody have any suggestions as to what I should expect to happen and what I should be doing? If I do end up in court how much of my wages will likely be garnished? I am a low income earner and am concerned they will make it impossible for me to pay my rent and groceries.

 

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