Sorry, Chapter 13 refile question or two...
My husband and I filed 13 in September 2009, pro se. I filed everything but the actual Plan, knowing that I has 15 days to do so. On the 8th day, I filed the plan with the Court and sent copies out to all parties. I received a notice from our Trustee introducing himself and telling me what he needed us to provide to him before or at the Confirmation Hearing (i.e, taxes, pay stubs, etc.)
So, I gathered all the paystubs and tax returns and noticed that we were missing 2006. I called the Trustee's office and spoke to the ever reliable lady there who told me send everything I had and bring everything we don't have with me to the 341. She had marked the "file" accordingly and "people do it all the time". So, I called a courrier service and had them hand deliver all the documents I had, and started working on finding those returns.
I then get a document from the Court "Notice of Possible Dismissal of Case" for failing to provide the documents to the Trustee. The Trustee notified the Court, several days after my documents were delivered, that we did not comply and the Court was giving us 15 days to fix it. Ok. I called the Trustee's office and ask why this was done and confirmed that they had indeed received all documents, called verified with the courrier that they indeed delivered it (a little backwards I know) and re-verified with a
2nd "clerk" at the Trustee's office that we could bring the missing tax return to the hearing. No problems.
So, we drive to the Court House, taxes in hand, to the 341 and are T-boned by an idiot that cannot tell the difference between red and green. I immediatley called the trustee's office to advise of what happened and our potential delay and/or need to be rescheduled. Again - I was informed that this was NOT an issue and she transferred me over to the scheduling clerk to reschedule the 341. The lady told me that I would receive notice of the new date. Once we were released from the ER, I immediately courriered over the 2006 tax returns to the trustee since the 15 days would be up before the new 341.
Now we wait for that new 341 notice. I check Pacer and BOOM!!! The 341 was never rescheduled, they went ahead with the Confirmation hearing. There was an Order passed Nov 9, 2009 "ORDER DENYING CONFIRMATION OF CHAPTER 13 PLAN WITHOUT LEAVE TO AMEND"
Basically it stated: ORDERED, that confirmation of the Chapter 13 Plan proposed by Debtor(s) is denied without leave to amend or to file another Plan or modification of a Plan; and it is further ORDERED, that if within fourteen (14) days from the date of this Order this case is not converted to a case under another chapter or voluntarily dismissed, then this case may be dismissed by the Court on account of Debtor(s)' failure to prosecute the case properly without further notice or hearing.
So, I start flipping out as to what to do, as we are trying to save the house, and on November 13, 2009 (NOTprovided the documents, although lesson learned never to go by verbal confirmation, always written.
So, my issues are:
1) now we need to refile and I do not see anywhere in the Order that dismisses our case the words with or without prejudice anywhere. The above is a direct quote from the Order.
2) As far as the Plan being denied is concerned, my car payment was only 1 month behind for a total of $229, but the proof of claim they filed was for the whole amount of the car is the only thing I see that happened, otherwise the plan was do-able. Can I refile without my car?
Any help would be greatly appreciated!!
So, I gathered all the paystubs and tax returns and noticed that we were missing 2006. I called the Trustee's office and spoke to the ever reliable lady there who told me send everything I had and bring everything we don't have with me to the 341. She had marked the "file" accordingly and "people do it all the time". So, I called a courrier service and had them hand deliver all the documents I had, and started working on finding those returns.
I then get a document from the Court "Notice of Possible Dismissal of Case" for failing to provide the documents to the Trustee. The Trustee notified the Court, several days after my documents were delivered, that we did not comply and the Court was giving us 15 days to fix it. Ok. I called the Trustee's office and ask why this was done and confirmed that they had indeed received all documents, called verified with the courrier that they indeed delivered it (a little backwards I know) and re-verified with a
2nd "clerk" at the Trustee's office that we could bring the missing tax return to the hearing. No problems.
So, we drive to the Court House, taxes in hand, to the 341 and are T-boned by an idiot that cannot tell the difference between red and green. I immediatley called the trustee's office to advise of what happened and our potential delay and/or need to be rescheduled. Again - I was informed that this was NOT an issue and she transferred me over to the scheduling clerk to reschedule the 341. The lady told me that I would receive notice of the new date. Once we were released from the ER, I immediately courriered over the 2006 tax returns to the trustee since the 15 days would be up before the new 341.
Now we wait for that new 341 notice. I check Pacer and BOOM!!! The 341 was never rescheduled, they went ahead with the Confirmation hearing. There was an Order passed Nov 9, 2009 "ORDER DENYING CONFIRMATION OF CHAPTER 13 PLAN WITHOUT LEAVE TO AMEND"
Basically it stated: ORDERED, that confirmation of the Chapter 13 Plan proposed by Debtor(s) is denied without leave to amend or to file another Plan or modification of a Plan; and it is further ORDERED, that if within fourteen (14) days from the date of this Order this case is not converted to a case under another chapter or voluntarily dismissed, then this case may be dismissed by the Court on account of Debtor(s)' failure to prosecute the case properly without further notice or hearing.
So, I start flipping out as to what to do, as we are trying to save the house, and on November 13, 2009 (NOTprovided the documents, although lesson learned never to go by verbal confirmation, always written.
So, my issues are:
1) now we need to refile and I do not see anywhere in the Order that dismisses our case the words with or without prejudice anywhere. The above is a direct quote from the Order.
2) As far as the Plan being denied is concerned, my car payment was only 1 month behind for a total of $229, but the proof of claim they filed was for the whole amount of the car is the only thing I see that happened, otherwise the plan was do-able. Can I refile without my car?
Any help would be greatly appreciated!!
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