Stressed

[johnny522]

Someone please help me with this today I received a letter from the Trustee after I had just went to court on Wednesday. That the Trustee had a Objection to Confirmation of Plan. The letter stated that the plan was ambiguous or incapable of ascertainment. Because one the Mortgage arrears repayment period exceeds plan duration. And two Debtor is not eligible for discharge due to chapter 7 filed in 2008. What dose all of this mean. Are they telling me because I filed a Chapter 7 in 2008 that I cannot file a chapter 7 right now. Wouldnt my Attorney would have already known this and mention this when I retained their services. I have not spoken with my Attorney yet because of the weekend. This will be a long weekend for me because I dont know what my future holds.

Johnn 522

[Exployer1234]

Are you applying for a Chapter 7 again when your last Chapter 7 was in 2008. You can not file Chapter 7 again for another 8 years. That would mean if you had a chapter 7 in 2008 then you would not be eligible again for another Chapter 7 until 2016.

[jlmaca]

Someone please help me with this today I received a letter from the Trustee after I had just went to court on Wednesday. That the Trustee had a Objection to Confirmation of Plan. The letter stated that the plan was ambiguous or incapable of ascertainment. Because one the Mortgage arrears repayment period exceeds plan duration. And two Debtor is not eligible for discharge due to chapter 7 filed in 2008. What dose all of this mean. Are they telling me because I filed a Chapter 7 in 2008 that I cannot file a chapter 7 right now. Wouldnt my Attorney would have already known this and mention this when I retained their services. I have not spoken with my Attorney yet because of the weekend. This will be a long weekend for me because I dont know what my future holds.

Johnn 522

Sounds like you may be going through a Chapter 13 BK? You can file a chapter 13 right after a chapter 7 but the 13 can't be discharged for at least 4 years after the 7, so maybe that is what they are referring to.

[johnny522]

Thank you

Thank you

Yes I am applying for a Chapter 13

[Flamingo]

Someone please help me with this today I received a letter from the Trustee after I had just went to court on Wednesday. That the Trustee had a Objection to Confirmation of Plan. The letter stated that the plan was ambiguous or incapable of ascertainment. Because one the Mortgage arrears repayment period exceeds plan duration. And two Debtor is not eligible for discharge due to chapter 7 filed in 2008. What dose all of this mean. Are they telling me because I filed a Chapter 7 in 2008 that I cannot file a chapter 7 right now. Wouldnt my Attorney would have already known this and mention this when I retained their services. I have not spoken with my Attorney yet because of the weekend. This will be a long weekend for me because I dont know what my future holds.

Johnn 522

Since you filed a Chapter 7 in 2008, you cannot file another Chapter 7 until 8 years from your filing date in 2008. You can file a Chapter 13 but will not receive a discharge. You need to contact your attorney on Monday and go over the entire situation with him as he best knows your financial standing.

[LadyInTheRed]

You say you filed Chap 7 in 2008, but when was it discharged? How long is your proposed plan? 36 months? More?

I'm guessing this is a 36 month plan that needs to be extended to allow the mortgage arrears to be paid in full and put discharge 4 years after the chap 7 discharge.

[johnny522]

stressed

Thank you and Hello Lady in Red. The Chapter 7 was discharged in 2008. And the proposed Chapter 13th is for 36 months. And yes it is to get caught up on the mortage arrears.

[SMinGA]

Since you filed ch. 7 less than 4 yrs ago, you cannot get a discharge of debts from this 13 plan. Will need to pay mortgage arrears & any other debts in full. Plus atty fees if its included in the plan, and the trustee gets a %.

If your original plan is not enough, you'll need to pay more per month or for longer than 36 mos.

[johnny522]

stressed

Thank you SMinGA and Thank you to everyone for your responses to my call for help. I have a better understanding now of what I am dealing with. I think I will be able to sleep better tonight I will talk to my Attorney tomorrow.


Thanks again