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What the HECK does this mean???

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    What the HECK does this mean???

    I was on PACER today to check things out. Little anal about it. Good thing too.

    I saw there is a Trustee's objection to Chapter 13 Plan

    1. Debtors' plan violates 11 U.S.C Sec. 1322(a)(1) in that the debor has not submitted all or such portion of the disposable income to the trustee as required.

    I made a slight booboo on this. We were supposed to send in $451.43/month. The first 2 payments I sent $451 as we didn't know the total yet. I got the total payment and for the April payment sent in the $451.43 along with the missing .86. They received payment on 3/25. It cleared my bank. On 3/31 he filed this part of the objection.

    2. More specifically, for purposes of income verification, your Trustee requests copies of the following:
    a. Copy of the debtors' 2008 2009 Federal income tax return.

    Both of those copies were submitted on Feb 25. It was asked during our 341 on 3/18 about those copies. Lawyer said they were sent and gave date of sending and said he would send them again. Again, objection file 3/31.

    3. Trustee alleges and avers that debtor's plan is noncomfirmable and therefore debtors' case should be dismissed.

    Wherefore, the trustee prays that this Honorable Court will:
    a. Deny confirmation of debtors' plan.
    b. Dismiss or convert case
    c. Provide such other relief as is equitable and just.

    Paint me confused. Course, it is after lawyer's hours to call. I would LOVE to know why I have not been informed of this. I had to find out through PACER.
    Chapter 13 filed: 1/22/10341 Meeting: 3/18/10
    Confirmation Hearing 6/23/10...CONFIRMED27 down 33 to go

    #2
    Well, I had an objection based on missing documentation too, but it turned out to be because of a clerical error in the Trustee's office. Right on the date of my 341 a new Trustee was taking the seat. The outgoing trustee's assistant had failed to check off the documents as received. Worth looking into.

    Oh, sorry, I meant to add... if you were pro se, I could tell you how to respond with proper indignation lol. But since you have an attorney, he/she should know the proper response. And should have one! This objection can be rectified, so try not to lose any sleep over it.

    Comment


      #3
      Don't worry, the trustees are supposed to object to something.

      Comment

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