We had our new 341 today with the same counsel for the CH13 Trustee as last time. She seemed much less ruthless today with a few exceptions that were almost begging for it. She didn't question any of our expenses or change our trustee payment (because we were using her numbers from last go around). My lien strip was approved, my plan was placed on the consent calendar for confirmation this afternoon all should be peachy.
Now, the part that makes me want to spit fire. The difference between the lien strip motion now and the one that was denied and caused our previous case to be dismissed was a declaration from the appraiser that simply stated
Mind you, ALL of this was included as part of the original appraisal except for the I declare under penalty of perjury part. ALL of it. So because that was missing, we had to refile the second case, lost $100 of our original trustee payment and missed more work time.
BUT I'm happy that except for the payments, it is DONE!
Now, the part that makes me want to spit fire. The difference between the lien strip motion now and the one that was denied and caused our previous case to be dismissed was a declaration from the appraiser that simply stated
I Joe Blow declare as follows:
1. I have personal knowledge of the facts in this case, and if called upon to testify in this action, I could and would testify competently thereto
2. I am a State Certified Appraiser (No. ab12345).
3. In April 01, 2009, I was contacted by Walktheplank and his Lovely wife to conduct an appraisal of their home located at 123 deadbeat st, Suckertown, CA.
4. I prepared the Residential Appraisal Report dated April 01, 2009, that is attached to the debtor's motion as Exibit B. This appraisal is a true and correct copy of the one provided to their attorney, Wilfred B. Scheister.
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge.
Executed this day.....
1. I have personal knowledge of the facts in this case, and if called upon to testify in this action, I could and would testify competently thereto
2. I am a State Certified Appraiser (No. ab12345).
3. In April 01, 2009, I was contacted by Walktheplank and his Lovely wife to conduct an appraisal of their home located at 123 deadbeat st, Suckertown, CA.
4. I prepared the Residential Appraisal Report dated April 01, 2009, that is attached to the debtor's motion as Exibit B. This appraisal is a true and correct copy of the one provided to their attorney, Wilfred B. Scheister.
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge.
Executed this day.....
BUT I'm happy that except for the payments, it is DONE!
Bankruptcy Wizard
I didn't need to have a Sworn Declaration from my appraiser. I only needed one for myself!
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