2/11/2019 UPDATES!! MY Bankruptcy and Adversary Proceeding Journey

[ShoreUwouldInNJ]

Hello all,

My case is going to be somewhat un traditional. I am 34, Single, No kids and work in nonprofit. I filed Chapter 7 in April 2010 at the request (and payment) of my mother. I attempted then to see if I was eligible for hardship discharge. Sort answer was... No.

Fast forward to 2018... Bills started to stack up, had some health issues, and student loans started harrassing me again. So I filed Chapter 7 (again) in August 2018. I also began the advesary proceeding process in August, roughly one week after filing CH7 BK. Both items I am doing pro se for now. I had my meeting of the creditors on September 21. I informed the Trustee that I had a Personal Injury lawsuit from a sexual assualt in Cancun, MX. There has never been a projected compensation amount. Trustee took over that lawsuit as of October and (I guess) is working with my attorney. Objection to the discharge was due on November 20. I received my Discharge order today (November 30).

In the time it has taken to get the discharge the following happened:

I was approved for a Capital one card ($1000) and a credit one bank card ($400) both I have had before. Pre-petition I had a selflender account that was and continues to be in good standing. Also, I received a line of credit from google financing for $1600 on 12/13/18 and a 2nd capital one credit card approval for $500 today 12/18/18. ***Update: As of 2/11/2019... I have my 2nd selflender account, 2 capital one cards that I try to PIF or close to it every month. CL for the $1000 account increased to $1100. Which annoyed me lol. No increase for the $500 account. I still have the $400 Credit one account as well as the google LOC. I applied for a 1st premier and indigo account but because of the fees associated I have not activated either... I have another week or two to decide. The intrest rates are crazy on both of those and I am not looking for more high intrest rate cards with no perks. I was hoping to get a personal loan and use that as a tradeline but that is a lost cause as of right now. 

[ShoreUwouldInNJ]

(Continued)

Santander applied for a motion for relief from the automatic stay in September. I filed an objection to that motion requesting that I am allowed to redeem the vehicle through 722 redemption. We went to court on October 23 and the courts allowed tha attorney to get the vehicle appraised. We will return in December regarding the redemption. The vehicle is scheduled to be appraised on December 1st. The vehicle is a 2015 Honda Fit with 127,000 miles on it. Don't judge. I drive alot for my job. I went to court on 12/18/18 regarding my cars redemption. Santander's attorney stated that Santander would not come down from what the current vehicle value is being projected as according to the appriasal- which is roughly $7500. My redemption loan is for $3775 which would leave me owing $3725 out of pocket. Santander's attorney and I agreed to adjourn the case for roughly 30 days, so that I may inquire as to wether or not I could be eligible for more monies with 722 redemption. I may just look into getting a different vehicle with either carvana or seeing what else I maybe able to finance since paying out of pocket is currently not an option.  ***Update:  I had court on January 22, 2019 and made the decision to turn my car in... I wasn't aware that when an automatic stay is lifted there is a 14 day period where the creditor still can not do anything. That period is up today/tomorrow I believe. The attorney for Santander stated he has no idea if or when Santander will pick the car up. So I will let you guys know if they come in the middle of the night and take it tonight or if it is still in my complex for weeks. I am going to look at a 2nd carvana car in another week or 2. My current rate expires on 2/24/19... and its okay but I feel like I will get a better rate next time I check the prequalifier tool. Really not looking to pay more than $300 a month for a car.... my budget for car and insurance is $400-$450... and that is cutting it close!

In September, I served all of my student loan lenders- both private and federal- as well as the servicing companies. In October I removed both servicing companies between October and November ( My Fed Loan and Firstmark Services) from the proceeding as they have no claim to any monies received. Of the 3 lenders I served, only the Department of Education and Citibank responded before our October hearing. At the hearing I was asked to serve Keybank one more time to see if I got a response. Pre-Trial was scheduled for November but was moved to December to allow time for Keybank to respond. I was also scheduled to do a deposition with Citibank. They have since stated they need to reschedule. A long list of documents were requested by both Citibank and DOE. On November 26th I submitted my 2nd request for automatic default for Keybanks failure to respond. I won't know what is going to come of this until later. I may not update anymore of the Advesary Proceeding information until I know wether or not the lenders wish to take this to trial.  In December, I signed a stipulation to dismiss DOE from the case. Citibank also declined my counter offer. It is possible I will end up in a lawsuit with Citibank and Keybank. As of now we do not have to return to court until possibly March I believe. There may be mediation in the future. ***Update:  I spoke with Citibanks attorney in January and let her know that Citibank has submitted a claim with the trustee. She informed me they were looking for a lump sum (even though they offered me $290 a month payments for 20 years SMFH... and declined my counter offer of $135 a month for 20 years).... I stated to her again. I would not be doing all this if I had money at my disposal and asked if she would speak to her client to see if they would counter my offer. They have declined the opportunity to counter my offer. Which is disappointing because I really don't want to do this anymore. Its stressful. Involves alot of paperwork and typing up legal documents. I actually have cried at work several times and find myself even more stressed and anxious than usual. But.... this is what I started so I will finish it. Keybanks attorney responded to my complaint at somepoint in december. They asked me to do the first offer so, of course, I asked them to consider discharging everything, their attorney didn't even bother to respond to me until I asked her if she spoke to her client. At which time she told me that was not a real offer and to come up with a dollar amount. I have not responded. I probably will not. There really is no dollar amount I could give there lenders that they would be happy with. I see that now after offering to pay Citibank the total that is owed (what was borrowed less the intrest) and they said no!

I am scheduled to submit documentation to the court in March. Citibank has waited until the last minute to ask me to do a deposition and I tried to inform them that March is a bad time and I am un available. They claim there is nothing they can do to move the deposition up to a date that works for me because they just requested a 3rd set of documents and interogation questions that are due in March. SO BASICALLY... if I want to move the deposition. I have to get them all their paperwork and questions before the 22nd... just for them to consider. Nevermind the fact that I will be having surgery in March and I told them I won't be able to get around. SMFH. 

I will update as I can on the rebuilding of credit, my car redemption, and the advesary proceeding.

[GApeachy]

Update on your surgery as well.....hope you can, somehow, put it out of your head while you recoop.  Easier said than done, but you are not the only one in their skillet so.......try not to let all this stress you out too much.  

[ShoreUwouldInNJ]

Definitely going to try. I don't think Citibanks attorney is trying to be a jerk... I research people and she is a new attorney who I am sure has a lot of student loan debt herself. I can't wait for it to be done. I do thank you love!  Keep me in your thoughts!

[FireMedic1]

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@ShoreUwouldInNJ wrote:

Hello all,

My case is going to be somewhat un traditional. I am 34, Single, No kids and work in nonprofit. I filed Chapter 7 in April 2010 at the request (and payment) of my mother. I attempted then to see if I was eligible for hardship discharge. Sort answer was... No.

Fast forward to 2018... Bills started to stack up, had some health issues, and student loans started harrassing me again. So I filed Chapter 7 (again) in August 2018. I also began the advesary proceeding process in August, roughly one week after filing CH7 BK. Both items I am doing pro se for now. I had my meeting of the creditors on September 21. I informed the Trustee that I had a Personal Injury lawsuit from a sexual assualt in Cancun, MX. There has never been a projected compensation amount. Trustee took over that lawsuit as of October and (I guess) is working with my attorney. Objection to the discharge was due on November 20. I received my Discharge order today (November 30).

In the time it has taken to get the discharge the following happened:

I was approved for a Capital one card ($1000) and a credit one bank card ($400) both I have had before. Pre-petition I had a selflender account that was and continues to be in good standing. Also, I received a line of credit from google financing for $1600 on 12/13/18 and a 2nd capital one credit card approval for $500 today 12/18/18. ***Update: As of 2/11/2019... I have my 2nd selflender account, ( You only need 1 installement loan for best FICO scoring. So you could pay off SL and have 1 loan.)2 capital one cards that I try to PIF or close to it every month. ( Pay one down each month, and let the other post 10 bucks on statement date and pay it off. If you cant afford it. Dont charge it. Your building credit for now. Dont pay interest.)CL for the $1000 account increased to $1100. Which annoyed me lol. No increase for the $500 account. I still have the $400 Credit one account as well as the google LOC. I applied for a 1st premier and indigo account but because of the fees associated I have not activated either...DONT I have another week or two to decide. The intrest rates are crazy on both of those and I am not looking for more high intrest rate cards with no perks. I was hoping to get a personal loan and use that as a tradeline but that is a lost cause as of right now. No more loans. You already have 1 with Google. Slow down. Stop apping and let things age. Its not a race. Stay away from vulture cards. You got 1. Dont need more. In 6 months try Disco pre-qual. If it comes up secured. Go for it. It will graduate. You might hit it lucky and get a unsecured.

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Stay where your at for now and let things age. More accounts does not improve credit scores. Time and on time payments will do the best for now. You want to get your FICO score and post them. Discover Scorecard is free EX. Time to chill for a while. On to the nest post. Good Luck!

[ShoreUwouldInNJ]

Thank you for the advice. Google isn't reporting but SL is so I guess that is good enough I will def work with what I have. The more I think of it the more my initial thought process didn't make sense lol. So thank you for confirming I am in a good place to rebuild right now!

[FireMedic1]

No problem. Youll be fine. You got what it takes to move up the ladder. You'll see. Better things will happen in time. Were here to help at all cost and its free. Dont hesitate to ask questions. No question is stupid. Give it 6 months and try a free pre-qual. In time it will all rise up to bigger and better cards. Rome wasnt built in a day! Good Luck!