Hi Everyone!
My case seems to be moving along very well. Last week my motion to value my car at $8769 was granted (owed $15,500), and this week my motion to strip my second was granted. Of course it helped that my creditors did not object...
Now all I have left is to deal with the trustees objections to my confirmation. There were about 15 if I remember correctly, most were b.s. and not were dropped quickly. I had my confirmation hearing on the 19th, but because there had not been a ruling on the lien strip or my car value I was continued to December 21.
Well, both of those issues have been dealt with so I need to move on toward confirmation. The remaining trustee issues are for me to surrender my second car, as I said I would in my schedules. I have not done it yet because we were waiting to see what would happen with the valuation of the other one. I told my lawyer before I filed that I wanted to sell the car myself as I believe I can get a little more than I owe for it. He said I could back then, but he has not answered my latest email yet. Has anybody done this? What do I need to do? I could get the money to pay it off and then sell it later but I'm not sure if this is ok? When should I do it? Soon or do I have until my December continuation date?
The next issue is that the trustee wants me to add back the payment for the 2nd car and the striped second into my plan payment since I won't be paying them anymore. The second car payment would not change my payment, but the second would raise it almost $200/month. Lawyer says he can fight it and he has rulings from VA that have allowed the payment not to be added back in. His opinion is that Laning is not clear on this since I am not surrendering the house and the second does not go away until discharge. I know case law is split on this. If I lose I'm really not any worse off, and if I win then the trustee will have a hard time making anyone else in MD do this. So it seems to me that he has more to lose than I do, if I am thinking correctly. I think I would like my lawyer to offer to split the difference and not fight it and my payment only goes up $100/month. A $100/month increase I can handle, $200 is pushing it.
My question is if I fight it can they bring up other new objections, or is their time to make objections done? I don't want to be greedy and have them start asking a bunch more questions.
If we settle and the trustee withdraws his objection will I be confirmed before December 21? It would be nice to move on.
What do you say, my wise cyberfriends?
My case seems to be moving along very well. Last week my motion to value my car at $8769 was granted (owed $15,500), and this week my motion to strip my second was granted. Of course it helped that my creditors did not object...
Now all I have left is to deal with the trustees objections to my confirmation. There were about 15 if I remember correctly, most were b.s. and not were dropped quickly. I had my confirmation hearing on the 19th, but because there had not been a ruling on the lien strip or my car value I was continued to December 21.
Well, both of those issues have been dealt with so I need to move on toward confirmation. The remaining trustee issues are for me to surrender my second car, as I said I would in my schedules. I have not done it yet because we were waiting to see what would happen with the valuation of the other one. I told my lawyer before I filed that I wanted to sell the car myself as I believe I can get a little more than I owe for it. He said I could back then, but he has not answered my latest email yet. Has anybody done this? What do I need to do? I could get the money to pay it off and then sell it later but I'm not sure if this is ok? When should I do it? Soon or do I have until my December continuation date?
The next issue is that the trustee wants me to add back the payment for the 2nd car and the striped second into my plan payment since I won't be paying them anymore. The second car payment would not change my payment, but the second would raise it almost $200/month. Lawyer says he can fight it and he has rulings from VA that have allowed the payment not to be added back in. His opinion is that Laning is not clear on this since I am not surrendering the house and the second does not go away until discharge. I know case law is split on this. If I lose I'm really not any worse off, and if I win then the trustee will have a hard time making anyone else in MD do this. So it seems to me that he has more to lose than I do, if I am thinking correctly. I think I would like my lawyer to offer to split the difference and not fight it and my payment only goes up $100/month. A $100/month increase I can handle, $200 is pushing it.
My question is if I fight it can they bring up other new objections, or is their time to make objections done? I don't want to be greedy and have them start asking a bunch more questions.
If we settle and the trustee withdraws his objection will I be confirmed before December 21? It would be nice to move on.What do you say, my wise cyberfriends?
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