Confirmation Objection

[May2014]

Our repayment plan has several objections (no surprise there!). What DOES surprise me is that the trustee says that there is insufficient dmi to make plan payments, especially considering it was the trustee who said we made too much for the 7 we initially filed for. I'm guessing that with all the paperwork between involved in the conversion something was mistakenly left on a form somewhere. Another objection is that we are planning to make payments outside of the plan on something other than our house (not unless they're talking about a 401k loan), and one objection for not having an interest rate for the arrears on the rental that we're surrendering.

None of it sounds too major, just more work for the attorney. No worries!

[justbroke]

I find that many Chapter 13 Trustees have nothing better to do than object to confirmation of the Plan. It's their job in essence. They are there to make sure the plan is both conformant and confirmmable. You can't have insufficient DMI to make plan payments, so that one doesn't make as much sense. (DMI is what's left over after all the payments.)

You are probably right that something is probably still on the Form B22. It could be that rental that you are surrendering is still included. Chapter 13s are a little different when it comes to the Means Test. If you are over the median, most Districts go by what is on the Means Test (B22-C) for your DMI. If you left the rental on there, then you probably don't have enough funds to fund the plan (because the rental is included). I'm sure your attorney will work this all out and file amended schedules and forms!

[May2014]

Jb, it looks like when we moved to convert, no one amended the original petition (I & J). The rental is still there. What was sent in after the conversion was an "amended" form B22 which was actually the only version of the form. So the means test has us failing (because the rental is still there even after trustee said we had to remove it) while the B22 paints the more accurate picture (no rental). Just an oversight, as I'm sure our attorney isn't used to people converting TO a 13 BEFORE their first 341 meeting. We can definitely fund the plan...it's barely more per month than we would have paid in a 7, unsecured creditors will only get about 6k when it's all said and done.

[justbroke]

Okay, so you should be good once the forms are corrected. (There are two version of the Means Test. The Means Test is form B22-A/C. There's an "A" and "C" version. The "A" version is for Chapter 7, and the "C" version is for Chapter 13.)

[May2014]

B22 is the C version. Heard back from our attorney and he said it should all be easy to clear, including amending I & J. I hope it all gets hammered out by 8/20 which is our confirmation hearing date.