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    #1

    Motion to Dismiss Case

    On May 10th, I sat in on my 341 Hearing and the Trustee (Attorney for Trustee actually) said everything looked good except for one of the Schedules not being there. (Child Support information, Mothers Address and Entity being paid for Child Support) He said "Get that turned in, and it looks like we'll be recommending your plan"

    Now today, I look on Pacer and it shows a couple of entries that I am concerned about.
    May 12th - Chapter 13 Meeting of Creditors Held - Trustee Does Not Recommend Confirmation
    May 12th - Chapter 13 Trustee's Motion to Dismiss Case

    I hope that is just formality, and once my Attorney does his job and turns the needed information over (Assuming that the Motion to Dismiss is because of the missing paperwork) to the Trustee that the Motion to Dismiss will be rescinded.

    Any thoughts???
    Filed Chapter 13 - 18MAR10 ~ 341 - 10MAY10 ~ Confirmation Denied - 12MAY10 :unsure: ~ Motion to Dismiss - 12MAY10 :cry: ~ Withdrawal of Motion to Dismiss - 01JUN10 :cool: ~ Trustee now Recommends Confirmation - 01JUN10 :clapping: ~ Plan Confirmed - 04JUN10 ~ Only 4Yrs 9Months left in Plan :D
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    #2
    I guess I should state that when the Trustee said ".... we'll be recommending your plan" it was meant in a favorable manor.
    Filed Chapter 13 - 18MAR10 ~ 341 - 10MAY10 ~ Confirmation Denied - 12MAY10 :unsure: ~ Motion to Dismiss - 12MAY10 :cry: ~ Withdrawal of Motion to Dismiss - 01JUN10 :cool: ~ Trustee now Recommends Confirmation - 01JUN10 :clapping: ~ Plan Confirmed - 04JUN10 ~ Only 4Yrs 9Months left in Plan :D

    Comment

      #3
      It's probaby due to the missing paperwork. Just get it in and the Trustee should withdraw his/her motion to dismiss. I don't understand why they do what they do, but it is certainly going to motivate you to get the paperwork in!
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment

        #4
        I'm hoping that is the case...
        As for the Paperwork, my Attorney told me his office would be in touch with me to get the data. I waited 3 days, then ended up calling his paralegal to pass along the information. (That was Thursday) So, hopefully the Attorney's office doesn't wait too long to send the information in.
        Filed Chapter 13 - 18MAR10 ~ 341 - 10MAY10 ~ Confirmation Denied - 12MAY10 :unsure: ~ Motion to Dismiss - 12MAY10 :cry: ~ Withdrawal of Motion to Dismiss - 01JUN10 :cool: ~ Trustee now Recommends Confirmation - 01JUN10 :clapping: ~ Plan Confirmed - 04JUN10 ~ Only 4Yrs 9Months left in Plan :D

        Comment

          #5
          Finally received word from my Attorney that I won't have to attend the Confirmation Hearing this coming Friday. The Trustee has withdrawn his Motion to Dismiss and submitted confirmation of my Plan! So, in a nut Shell the missing Paperwork for the Child Support documents was what was holding up the Confirmation.
          Now, on to the next step.... Continue payments to the Trustee, Mortgage Company, Ford Motor Credit and State Attorney General for Child Support!!
          Filed Chapter 13 - 18MAR10 ~ 341 - 10MAY10 ~ Confirmation Denied - 12MAY10 :unsure: ~ Motion to Dismiss - 12MAY10 :cry: ~ Withdrawal of Motion to Dismiss - 01JUN10 :cool: ~ Trustee now Recommends Confirmation - 01JUN10 :clapping: ~ Plan Confirmed - 04JUN10 ~ Only 4Yrs 9Months left in Plan :D

          Comment

            #6
            Excellent.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment

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