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Got myself into a big sh*tstorm |
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Topic: Got myself into a big sh*tstormPosted: 17/March/2004 at 1:45pm |
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Hi There, it sounds like I joined this group just in time. Canadian_Ski_Bo, You can only lose your car to the creditor that has the lean. This means if you have a car loan you are behind on they can repo it as part of your contract with them. if you own this car you are ok and no one can take it. Collection agencies and creditors CAN NOT TAKE YOUR FURNATURE!!! Collection agencies have to have a contact with thier clients "The Creditor" where the have Blanket permisson to sue. Most creditors do not issue this now a days. In order for the agency to sue you, they need to put togther a case for their client showing you have not attempted any type of payment and you are refusing to pay. All creditors want to work with you and take some payment, agencies use the leverage of their reputation to scare you. Did your banko actually cover your student loans? |
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canadian_ski_bo
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Joined: 15/March/2004 Location: Canada Posts: 4 |
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Posted: 16/March/2004 at 3:36pm |
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Yes they sure can... it is even stated on the court order.
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missboo
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Joined: 15/March/2004 Location: Canada Posts: 7 |
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Posted: 15/March/2004 at 10:15pm |
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I don't know, didn't even realize they could reinstate the previous debts.
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canadian_ski_bo
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Joined: 15/March/2004 Location: Canada Posts: 4 |
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Posted: 15/March/2004 at 9:48pm |
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I have paid the fees to the Trustee of 1260 dollars. I have completed both required counselling sessions. I have forwarded all the T4 slips I have, and all pay stubs I received. I was missing 3 pay stubs, and I may not be able to produce these. One would think the T4 slips would state the income anyway. But my earlier questions, what would be the procedure for creditors to come after me if they are indeed reinstated? Would I lose my car and possessions? Wage garnishee? The Trustee is KPMG if anyone was wondering
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BigFatherA
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Joined: 21/September/2003 Location: Canada Posts: 253 |
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Posted: 15/March/2004 at 9:20pm |
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The main thing to remember here is that your trustee must act as an officer of the court in this case. Opposing a discharge from bankruptcy is not the same as being liable to your creditors.
You need to sit down with your trustee and work out the paperwork. The main reason for opposing a discharge is: 1. Surplus income. They need to know how much you made and when. 2. Court fees and taxes. These MUST be paid first
Since you need these forms for your taxes (your trustee will claim your tax returns while you are bankrupt), there should be no problem with making arranements to deal with your trustee. Remember your trustee is also paid (by you) to work on your behalf. If you feel you are being treated unfairly, you can appeal to the court yourself, as well as file a complaint with the superintendent of bankruptcy. |
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BigFatherA
Priest & Teacher non carborundum illegitemi est |
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canadian_ski_bo
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Joined: 15/March/2004 Location: Canada Posts: 4 |
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Posted: 15/March/2004 at 7:56pm |
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Good point... I am definitely working on that and I am able to get most of this info to the Trustee. I may not be able to track down one of my T4 slips on time. Lets hope so!!! But what would happen if I didn't and the Trustee proceeded to close my file and the credictors were re-instated? |
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markomeara
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Site Founder Joined: 31/May/2002 Location: Canada Posts: 186 |
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Posted: 15/March/2004 at 7:45pm |
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What would stop you from getting the info to your trustee? That sounds like the most reasonable thing to do... Any reason why you cant provide that info? I mean if you provide it and its legit, then it takes care of things for now right?
Mark |
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canadian_ski_bo
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Joined: 15/March/2004 Location: Canada Posts: 4 |
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Posted: 15/March/2004 at 7:09pm |
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Good evening, I am very happy that I stumbled upon this website this evening as I am getting desperate for good advise. Here is a brief history of my situation, I joined the military in 1995 right out of high school and stayed about 3 years until I was discharged due to a medical condition that I eventually grew out of. When discharged, I had absolutely nothing, no college education, no money, no car... no job... nothing. There was a period of 3 months where I had 0 money. If it wasn't for the generoscity of my girlfriend's parents, I woudl have been out on the street. I found a part time job and was sort of able to make ends meet, paying off my bills etc. Then, my previous cell phone provider decided to take me to collections for cancelling my contract, even though I was on an armed forces plan and the agreement was if I left the forces the plan would be cancelled. I was young and stupid, and didn't get it in writing. That summer, I applied to college and got accepted. :) I took out a rather large student loan, and used a portion of it to pay off my cell debt. The following winter, my GF had a major falling out with her parents and we were forced to move otu on our own, and using some of our student loan money and credit cards, we purchased some furniture, and house hold goods that we needed. Again being stupid, during my 2 years of college, my credit card and student loan debt piled up. After graduation, we moved to Calgary Alberta for work and I began to pay off some of my debt. I figured I was paying 700 a month to debt. Money was tight. While in Calgary, we moved and signed a lease in a DT apartment where we lived for a while. Unfortunately, my GF left me due to issues we couldn't solve over the last 5 years. I was left with a lease on an expensive DT apartment, and 25,000 in debt. I decided to file for bankruptcy. I moved to Ontario that June, and in my new career I was forced to go away for 6 months. My bankruptcy was supposed to expire iN January but it was stayed for 60 days as my trustee opposed my discharge, until I can get my trustee some information they require including a T4, a few montly expense forms and some missing pay stubs. If I don't come up with this stuff with in 60 days, the court will adjorne the trustee and re-instate the rights of the credictors, and I will still be bankrupt. If these creditors, including banks, collectcorp, etc decide to sue me, how does this work? What process do they go through? I have a car that I paid 3,000 for, and some furniture/household appliances. Will I lose my car (I need it for work)? Will they garnish my wages? Will the judge allow them to take my furniture? I take home 2300 a month, living on my own. How much would they take from me? Honestly, I don't know what to do and I am very depressed. My blood pressure is sky high and I am very stressed. Other then my car, my job and my pride, I have nothing. WHat should I do? james
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