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Letter from Trustee threating to reccomend case dismissal or conversion to chapter 7

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    Letter from Trustee threating to reccomend case dismissal or conversion to chapter 7

    Received letter from Trustee,
    "NOTICE IS HEREBY GIVEN that on the date, time and in the Courtroom above referenced , the Court will consider confirmation of the Debtor's Chapter 13 Plan. In the event the Debtor's Plan is not confirmed by the Court at the hearing, the Chapter 13 Trustee's motion to dismiss the case, including dismissal with a 180-day bar against refiling under 11 U.S.C. Section 109(G), or to convert Chapter 13 Case to Chapter 7, should the Debtor fail to comply to: (1) comply with 11 U.S.C. Section 1307; (2) comply with 11 U.S.C. Section 1322; (3)comply with 11 U.S.C Section 1325; (4) comply with Local Bankruptcy Rule 3015-1; and or (5) comply with orders of the Court.
    NOTICE IS FURTHER GIVEN that opposition, if any, to such oral motion by the Trustee may be present at the hearing.

    Attached sheet requests:
    1) Proof of Income "ROOM RENTAL"
    2) Form B22C
    3)Tax Returns for past 4 years

    My take,
    Trustee is going to dismiss case or recommend conversion to chapter 7 because of lack of documentation.

    I've contacted my attorney about this letter and he (his paralegal) states that this is just a normal request for documents and since this is a new Trustee he does things a little bit different. He feels that my case may be continued because of these "new" requirements.

    I'm kind of miffed as to why my attorney would think that since the Trustee is quoting sections of the BK code. Any opinions as to what I can do? Or am I just stressing out before my 341 meeting 2/24/11.

    I'm able to provide the documents re
    Don't take life too seriously, you won't get out alive.

    #2
    if you are able to provide the docs then there should be no issue.. but hell if I was able to convert to a 7 I would do it in a heart beat... 90 days and then the whole mess would be behind me instead of 1800 days of of torture!
    Filed 7/17/10 1st 341 8/17/10 2nd 341 9/16/10 1st confirmation 10/06/10 2nd confirmation 11/10/10 Bar Date 11/15/10 3rd and final confirmation hearing Dec 8 and acceptance of plan Dec 29 2010....

    Comment


      #3
      The conversion to chapter 7 is just form language.

      Doesn't sound like anything to worry about so long as you can get the docs together.

      Comment


        #4
        Thanks,
        One less Tylenol PM tonight!
        I have all the docs except "proof of rental incomel"....I have an informal agreement with my renter/friend....(no lease agreement, etc...) I can show cash bank deposits and proof that he resides there (Drivers license, insurance etc..)...The lawyer said he was going to provide me with a form for my renter and myself to fill out...Hopefully that will suffice.
        Last edited by vicmost; 02-16-2011, 02:22 PM. Reason: typo
        Don't take life too seriously, you won't get out alive.

        Comment


          #5
          enginegirl
          I'd like to do a 7 as well but I'm trying to lien strip my second....And I qualify for a 36 month plan so my days of torture will be less...that is if I'm confirmed!
          Don't take life too seriously, you won't get out alive.

          Comment


            #6
            So, did you get this letter after you filed and before any other letter or the 341, then? I thought the trustee could only argue to dismiss or convert after your 341.
            Jen
            "...and how is it that bankruptcy is considered an "easy" way out by some???"

            Comment


              #7
              Originally posted by mom2crazies View Post
              So, did you get this letter after you filed and before any other letter or the 341, then? I thought the trustee could only argue to dismiss or convert after your 341.
              After filing-before 341 meeting.
              Don't take life too seriously, you won't get out alive.

              Comment


                #8
                Nothing to sweat. I'd still do the 7... I'm regretting NOT doing it myself.

                Comment

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