top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Motion to Dismiss 13 filed then withdrawn

Collapse
X
Collapse
 
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous template Next
    #1

    Motion to Dismiss 13 filed then withdrawn

    So it seems my TT wastes no time at all.

    1st he was so anxious to step up our monthly payment that he did it 2 months early from what was expected by us and our attorney based on our confirmed plan. We got through that 2 months of a negative balance budget somehow.

    Now today, I receive in the mail a Notice of Withdrawal of Motion to Dismiss our CH13.

    I NEVER RECEIVED the actual MTD in the first place. I had to look it up on PACER.

    Apparently it was filed exactly one month after tax day when they had yet to receive our returns or refund.

    But you see, they crossed in the mail apparently. We had already sent them in.

    So he did get them and then filed the withdrawal.

    I am simply very surprised any of this even took place.

    No reminder. No cushion in time to send the refund in? In fact, if I had filed on April 15 as is my right, its very possible I might not have even received my refund checks back yet.

    So why be so hasty to file the MTD?

    Why does it seem like this TT can't wait to dismiss our case?

    I'm telling you CH 13 is a JOKE. I know there are many of you that have completed your Plans somehow, but right now I have about ZERO confidence that I'm going to make it though this thing to the end. I don't know how you all did it.
    Last edited by LadyInTheRed; 05-23-2013, 09:23 AM.
    Filed CH 7 Sept. 2011 - UST Motion to Dismiss (presumption of abuse) Dec. 2011 - Converted to CH 13 Feb. 2012 - Plan Confirmation May 2012 - Expected Discharge June 2017
    Tags: None
    #2
    BTW....do you all like that smiley face next to thread title?

    Yeah......that was completely unintentional, as my original post should indicate.
    Filed CH 7 Sept. 2011 - UST Motion to Dismiss (presumption of abuse) Dec. 2011 - Converted to CH 13 Feb. 2012 - Plan Confirmation May 2012 - Expected Discharge June 2017

    Comment

      #3
      alorth - from the tagline at the bottom of your posting, it appears that your case is a bit more complicated than normal. After all - you went from Chapter 7 to Chapter 13 (presumably) against your will. Chapter 13 trustees are held responsible for any discrepancies in case protocol and they might jump the gun on technical issues from time to time in the interests of self-preservation, debtor take the hindmost. It is certainly nothing personal. They are human and make the same kind of mistakes we all do. I think a trustee will not sabotage a debtor's chances of successful completion of a plan. It is not in their best interest.

      Comment

        #4
        Alorth's case shouldn't have been any more complicated than anyone else's. He's got a difficult tt and a hangin judge. They want a balloon payment to be taken out of his 401. Really, it almost sounds like they've made it personal at times. I don't quite get it either.

        Keep On Smilin'

        Comment

          #5
          I'm with you keep smiling as it sounds like the tt and judge are both in cahoots with each other

          Comment

            #6
            I am sure it is not personal. Just an aggressive trustee and anti-debtor judge. I am sure the trustee does this with everybody.

            Chap 13 isn't a joke. But Alroth's trustee and judge combination is a very cruel joke.
            LadyInTheRed is in the black!
            Filed Chap 13 April 2010. Discharged May 2015.
            $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

            Comment

              #7
              Originally posted by alorth View Post
              BTW....do you all like that smiley face next to thread title?

              Yeah......that was completely unintentional, as my original post should indicate.
              Smiley removed. How do you like the replacement? The isn't available in the title.
              Last edited by LadyInTheRed; 05-23-2013, 09:40 AM.
              LadyInTheRed is in the black!
              Filed Chap 13 April 2010. Discharged May 2015.
              $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

              Comment

                #8
                Originally posted by LadyInTheRed View Post
                Smiley removed. How do you like the replacement? The isn't available in the title.
                Nice!
                Filed CH 7 Sept. 2011 - UST Motion to Dismiss (presumption of abuse) Dec. 2011 - Converted to CH 13 Feb. 2012 - Plan Confirmation May 2012 - Expected Discharge June 2017

                Comment

                Previous template Next

                bottom Ad Widget

                Collapse
                Working...
                X