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Should we fight Motion to deny Chapter 13 petition?

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    Should we fight Motion to deny Chapter 13 petition?

    I am very troubled by a motion filed to deny our Chapter 13 petition. Just before our 341 meeting, I was fired from a part-time job that helped us with our expenses. Now, we get this letter from the trustee about a motion to deny our petition even though we have another job to replace the income we lost due to the firing. We want and need better than this.

    #2
    What does your attorney say? Your motion to deny was probably based upon the fact that you couldn't make the proposed payment because of the job loss. You're since gotten a new job, have you told your attorney about this?
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      I'm not sure, but in my case, I rec'd a motion to dismiss shortly after my 341. My attorney said not .to worry because lots of people get those. It was only because the trustee wanted to change a couple of things in my plan. I was confirmed with no issues and the trustee dropped their issues.
      Filed Ch 13 10/7/10
      341 11/5/10
      Confirmation 12/15/10

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        #4
        Yes, my attorney has been advised of the added job, and he'll be evaluating the figures and coming up with a new set of fitures based on this new income.

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