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Trustee's Objection? In English...

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    Trustee's Objection? In English...

    Just received this today:

    Chapter 13 Trustee's Objection to Confirmation of Chapter 13 Plan

    1.) The Debtor's must file all priority year tax returns and the plan must provide for all priority liability or non-exempt refunds.
    2.) The Trustee objects to the inclusion of the Debtor's mother as a household member when she makes no regular contribution to household expenses or daycare expenses[my mother is legally disabled and lives with us]. The plan does not provide the minimum distribution of disposable income to unsecured creditors as required by Form 22C for a household of three. Creditors should not be forced to subsidize the mother's living expenses for the next 5 years.

    [then stuff about amending her objection after the meeting and to report on the payment history]

    Wherefore, the Standing Chapter 13 Trustee requests to deny confirmation in the above-captioned matter and dismiss or convert the proceeding...

    HELP! What does this mean?!

    #2
    Well,#1-the Trustee wants you to file all back tax returns so that your priority debt can be determined. The court will probably grant this one.

    #2-the Trustee wants to treat your household as if your mother doesn't live there. Given that she is disable, I would tell your attorney to fight that one. And get all of your medical proof of disability together. In fact, if she is disabled enough, you can apply to get legal guardianship of her. Kind of hard for the Trustee to make the claim that she should be excluded then. Even if you don't go the legal guardianship route, you should have your attorney fight this one.

    Bottom line is that the Trustee is looking for more money.

    Comment


      #3
      helpmeout is right on point. The issue with mom would never be raised by the Trustees in my district. It is a given that one can support an elderly or disabled immediate family member. Look at #40 on Form 22C "care and support of elderly, chronically ill or disabled".

      If you have an attorney the attorney should fight this issue. If you are pro se this might be a good time to find an attorney.

      Des.

      Comment


        #4
        I have the disability paperwork on my mom, so we can prove she is disabled and why she has to live with us, so hopefully that's not an issue. We also submitted our amended 2009 tax return and to the law office our 2010 tax return, of both the law office they would file for us to the super-special IRS Bankruptcy division.

        Comment


          #5
          Originally posted by wikkibird View Post
          I have the disability paperwork on my mom, so we can prove she is disabled and why she has to live with us, so hopefully that's not an issue. We also submitted our amended 2009 tax return and to the law office our 2010 tax return, of both the law office they would file for us to the super-special IRS Bankruptcy division.
          Then, my guess, is that all will work out.

          Des.

          Comment


            #6
            Des, I'm always impressed by your straight-forward answers to people on this forum. Just thought I'd throw that out there. Thanks for your contributions! I know you must stay very busy with your own practice, and I know you always say that you get as much as you give. I was just overcome with the need to say "Thanks!"
            Filed pro se, made it through the 341, discharged, Closed!!!

            Comment


              #7
              Originally posted by free2breathe View Post
              Des, I'm always impressed by your straight-forward answers to people on this forum. Just thought I'd throw that out there. Thanks for your contributions! I know you must stay very busy with your own practice, and I know you always say that you get as much as you give. I was just overcome with the need to say "Thanks!"
              I agree! Thank you Des! Just waiting to hear back now from the law office before our 341 meeting on Thursday!

              Comment

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