So... many of you know that we've filed our 0% plan, pro-se, and before the confirmation hearing, a general unsecured creditor filed a bad faith objection to confirmation.
We finally had our hearing, and the judge said that "if you'd have hired an attorney, you'd know that the Eastern District of Illinois does not confirm plans paying less than 10% to unsecured creditors." I asked her where in the Code it says this, and she said that everyone builds enough fluff in their plans that they can afford 10% to GUC's. I left it because I'm not going to get her mad...
She denied confirmation, but gave us 10 days to file a revised plan, with a hearing a month from now... Two days later we filed our revised plan. On the same day, the attorney for the unsecured creditor who objected in the first place now filed a motion to dismiss due to unreasonable delay.
Any thoughts on what his end game might be? I know he wants money for his creditor. The new plan provides 11%... yes there was enough fluff...
If he'd read the creditor matrix he'd realize that my student loans will get most of the 11%. If our case gets dismissed, they won't get any money because I'm the only one working in my family, my name isn't on the loan documents, and Illinois is not a community property state (they can't garnish my wages). Then my wife will file a Chapter 7 on her own, and they'll get nothing.
This guy is just like a little mosquito...
Hmmm... I wonder... can I call the credit union that this attorney is working for and tell them that this 11% is as good as it's going to get, and that he's just costing them money by continually filing motions?
Should I be concerned about this motion to dismiss for unreasonable delay?
We finally had our hearing, and the judge said that "if you'd have hired an attorney, you'd know that the Eastern District of Illinois does not confirm plans paying less than 10% to unsecured creditors." I asked her where in the Code it says this, and she said that everyone builds enough fluff in their plans that they can afford 10% to GUC's. I left it because I'm not going to get her mad...
She denied confirmation, but gave us 10 days to file a revised plan, with a hearing a month from now... Two days later we filed our revised plan. On the same day, the attorney for the unsecured creditor who objected in the first place now filed a motion to dismiss due to unreasonable delay.
Any thoughts on what his end game might be? I know he wants money for his creditor. The new plan provides 11%... yes there was enough fluff...
If he'd read the creditor matrix he'd realize that my student loans will get most of the 11%. If our case gets dismissed, they won't get any money because I'm the only one working in my family, my name isn't on the loan documents, and Illinois is not a community property state (they can't garnish my wages). Then my wife will file a Chapter 7 on her own, and they'll get nothing.
This guy is just like a little mosquito...
Hmmm... I wonder... can I call the credit union that this attorney is working for and tell them that this 11% is as good as it's going to get, and that he's just costing them money by continually filing motions?
Should I be concerned about this motion to dismiss for unreasonable delay?
Bankruptcy Wizard
In answering their motion (your opposition to motion to dismiss), you'd mention the hearing on confirmation and that the Court allowed 10 days to modify the proposed plan and re-submit it for confirmation. 
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