Is Ch 13 Bankruptcy silver bullet to end all?

[vanton57]

Send the question to the person you have been dealing with, I am trying to catch up with him now.

His email should be up today, at least that is what he told me last night when we talked.

[iamfreeru2]

Ntellect,

From what I understand of the process, at the creditors meeting is when it is approved and the confirmation hearing is when the plan is confirmed where there are no more claims or creditors coming forth. The confirmation is the agreement that the plan payments are correct. From that point on no more changes to the plan can be made. Vanton is trying to make contact so we can verify this understanding. My wife is in the same situation as you know and we need clarification as well.

iamfreeru2

[ntellect]

Once again it's a beautiful thing to be part of an information sharing community of people who are trying to accomplish the same objective. Thanks to everyone for your knowledge and wisdom. I'm not sure who to make my Bonded BOE, Silver Bond and VOD out to when I submit it along with my UCC 1 to the trustee. I'm also puzzled if I should have seperate BOE's, VOD's, etc for each creditor. I'm dealing with 3 creditors I'm going after.

thanks
Ntellect

[ntellect]

I filed my schedules and financial statement today in the bankruptcy court. It was challenging trying to figure out how to put my house which was already foreclosed and my truck which has been reported as a bad debt/charged of debt into the schedules and still show them as a "current" debt that needs to be reorganized. From what I understand about forclosures, the debt is no longer being saught after, only possession. Charge off's, I'm not quite sure of but it seems Ford charged off my account with my truck after a BOE was tendered and apparently has turned it over to a collection agency.

The meeting of the creditors is tomorrow. I'm really hoping no one shows up and the plan will be approved. If the mortgage company and Ford show up, I think it could throw a monkey wrench into everything because they will argue that the debt is no longer being saught and get an immediate dismissal. I have one last card to play on the mortgage. In state court they got a judgment against me to pay $8800 and $800 a month into the court registry until my appeal in Appeals court is resolved. I placed the $8800 as an unsecured claim for the mortgage company which could be reorganized. The problem is if the mortgage company shows up alleging that is only money after the foreclosure, that could be the only money that could possibly get discharged.

I hope this makes sense because it's starting to confuse me. Anyway, I'm trying to tuitor myself on what to say and what not to say tomorrow to get this case approved. I'll post what happens tomorrow.

Thanks for all your prayers, knowledge and wisdom.

peace and blessings
Ntellect
Atlanta, Georgia

[ntellect]

Here's what happened in my meeting of creditors in ch 13 Bankruptcy court in a nutshell. (01//25/05) Attorney sitting in for the trustee objects to my filing for various reasons, one being I did not have a copy of my filing because I forgot to get one and the filing was not showing up in the system because the docs was filed the day before. The trustee would move for dismissal with prejudice at the confirmation hearing on 02/24/05. Later that day, I spoke with the clerk of the court and then the actual trustee himself. My docs are now showing up in the system BUT there were some things that he would have objected to about my plan, that I filed myself. I was informed to "tweak" my filing, make sure my mortgage payments are current by the confirmation hearing (he didn't realize my mortgage had been foreclosed).

Now here's the kicker...........drum roll please............he also informed me to start making my planned payments, 21st of every month, into my ch 13 bankruptcy prior to coming to the confirmation hearing. So I played it like a six year old not knowing anything and said explain to me how I can start making my payments to "pay" my "debt" before my plan has been confirmed or approved. He went on to explain, that since my case has been filed with the neccessary docs although they have to be confirmed at the confirmation hearing, I can't just sit and not pay for another month while reorganizing the debt or my case will be immediately dismissed at the confirmation hearing. So I have to come to that meeting showing proof that I have one, caught up my mortgage and two, I have made payments into the plan to be disbursed to my creditors. So in a nutshell, the trustee told me to make a payment to the trust. Got them!

Now, I drop my UCC1, VOD, POA, Silver Bond and or BOE to the "trustee" not the court or a judge. This takes it out of the public and into the "private" by going straight to the "trustee" who is the only one capable of discharging the debt because it really sits in a "federal trust."

So I'm off to discharge the wizard once I have everything crystal clear.

Any info on what else to submit would be appreciated.

peace and blessings
Ntellect

[iamfreeru2]

Ntellect,

Great job!! now let's get it together and nail this thing shut. By submitting your docs to the trustee you should be able to discharge the alleged debts and keep you property. Keep us posted and remember to remain in honor.

[ntellect]

Ok, here's what I'm going into battle with. These are the docs that I am submitting directly to the "trustee" in my ch 13 bankruptcy. I am not submitting these docs to the court or judge because they are public entities. The "trustee" resides over the trust and is the only private entity that can discharge the debt, to my knowledge.

1: UCC1 & all UCC3 Amendments (land description & other)
2: Silver Bond & Asservation - Notice Of Surety Act and Bond
3: SA - Security Agreement (filed with UCC3)
4: PA - Private Agreement (filed with UCC3)
5: POA - Power of Attorney (filed with UCC3)
6: HHIA - Hold Harmless & Idemnity Agreement (filed with UCC3)
7: Affidavit of Fact (VOD)
Not sure what order to put it all in.

I have a few other points that I want to put in but I'm not sure what doc to put them in. 1) Artical 1 Section 10 of the US Constitution dealing with coining money, emiting bills of credit and making anything other than gold and silver as tender in payments of debts. The Coinage Act of 1792 is already mentioned with my Asservation with Silver Bond attached. 2) The Federal Statute dealing with discharging debts that arise out of fraud. I have that statute somewhere but can't find it. 3) Do I need to list my creditors anywhere although they are listed in my ch 13 schedules? I'm thinking about adding the first two points to the Affidavit of Fact.

Last two points. I'm wondering if I need to send some type of document or letter, possibly a Letter of Rogatory, moving the "trustee" to act in a certain time frame. Point being, the mortgage company filed a motion to release the stay and that hearing is 2/10/05. I believe the "trustee" will try and sit on it until I'm forced to come in on 2/10 and maybe somehow get me to argue and go into dishonor. Lastly, I'm thinking of "accepting for value" the motion to release stay docs that the court sent and send them back to the court and trustee.

So as you guys and gals can see, I'm arming myself for battle. Any comments or suggestions would be much appreciated.

Peace and Blessings to all,
Ntellect