Judge-should we fight for chapter 7 has anyone had experience?
So if we want to continue for a chapter 7 we will have to go before a judge and rebut thE BA-Does anyone have experience going before a judge and rebuting the BA? our attorney thinks we can--but I am worried to do that. I just don't know if she just wants another $500-from us--I don't have a lot of faith in her but I just hate to roll over asa well--This BA seems like he is just going after us for whatever reason. We have to decide. Any comments or experience would be appreciated!
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[QUOTE=ahall;416199]So if we want to continue for a chapter 7 we will have to go before a judge and rebut thE BA-Does anyone have experience going before a judge and rebuting the BA? our attorney thinks we can--but I am worried to do that. I just don't know if she just wants another $500-from us--I don't have a lot of faith in her but I just hate to roll over asa well--This BA seems like he is just going after us for whatever reason. We have to decide. Any comments or experience would be appreciated![/QUOTE
It's hard for us to make any kind of guess, or others who have done this to leave an opinion when we don't know what the issue is..If you leave some detail about what the situation is it would help.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. -
Right said.It's hard for us to make any kind of guess, or others who have done this to leave an opinion when we don't know what the issue is..If you leave some detail about what the situation is it would help.
But if you're right, and you're convinced you're right, stand your ground. My concern is, though, that you don't have faith in your attorney. Why not?Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
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Abuse Motion -SOME DETAIL
BA states in his motion for abuse that we should not havre taken the "public transportation" deduction - we took it as my Mom had a stroke and I need to go to Dallas to help with her care. Also he said our attorney put our Parent Plus Loans in the wrong place-she says she didn't. We both have professionall jobs and he thought we had too much for personal care(we took what was allowed). He was very sarcastic in the motion to dismiss. He also argued that my husband had "weathered the storm" as we stated that his job has suffered as alot of his business was due to new construction-which has disappeared. We have our taxes showing a $30,000 drop in income. We had also allowed for airline trips to Dallas to help with my Mom-he didn't like that either. So those are some of hos issues. The attorney says she can fight them-but she has'nt shown us much as she said at the 341 meeting that our numbers were solid...BA says he found $901 a month --I know that's not right-I don't know we have one child at home finishing college-will finish soon and I worry they will bring that up as we pay for her expenses now....Comment
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It sounds like you have more than one or two expenses that the trustee feels are not necessary and can be contributed to a chapter 13 plan. The items (plane fare, etc) are a bit out of the norm for people to list as legitimate expenses. I can see where the trustee is coming from..Originally posted by ahall View Post
Remember one thing: You can't be forced to do a Chapter 13. It is voluntary.
Good luck to you.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.Comment
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