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    How many plan revisions?

    So, 2 weeks ago we filed our 4th chapter 13 plan.

    This week we received our lease renewal from our apartment. When they renew, they recheck your credit. Their letter states something to the effect that due to derogatory items... blah blah blah... they will require an extra month security deposit if we choose to renew. In addition, our rent went up about 15%. I reviewed our original lease, and yep, this is all in their that they can and will do this.

    So fine. With our twins it was time for a 3 bedroom place anyway. We found one.

    To make a long story short, is there a problem with filing another modified plan, taking into account the new rent and other expenses? It will cause us to go the full 60 months and the GUC's will actually get more $$$, but I'm just a bit concerned that the judge or others won't take us seriously as pro-se'ers if we keep submitting amended plans.

    It's easier now than after confirmation though... that's my thought.
    7/24/2009: Filed Chapter 13, Pro-Se (Plan of 0.2% repayment on $157,500 unsecured debt)
    8/18/2009: 341 Meeting of Creditors
    9/28/2009: Confirmation Hearing #1 (Denied)
    10/26/2009: Confirmation Hearing #2

    #2
    Until your plan is confirmed, you just submit modified plans. Since your first confirmation hearing ended with a denial, you probably have things to change anyhow.

    Were you over or under the median? The length of time for your plan is controlled by the bankruptcy code. If you are under-the-median, you can adjust your plan to cover more months and you'd basically get permission to go over the 36 months by getting your plan confirmed as such. If you were supposed to be in a 60 month plan because you are over-the-median, then I don't know how you have a less than 60-month plan to start with.

    I submitted 3 amendments before my plan was confirmed. It was confirmed without any denials. My third amended plan is what was approved and is my current plan. I have my fourth amended post-confirmation plan ready, just in case.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      We are under the median.

      We were denied because the Judge says Chicago won't confirm less than 10% to GUC's.

      We bumped it up to hit the 10%, and went from the 36 to 48 months in the process. That plan was filed with the court 10 days ago.

      #4 - with the new rental - is what takes it up to the 60 months, and the GUC's will get about 11%.

      I just feel foolish submitting 2 different plans in a 2 week stretch, without any court action or trustee concerns causing me to amend.
      7/24/2009: Filed Chapter 13, Pro-Se (Plan of 0.2% repayment on $157,500 unsecured debt)
      8/18/2009: 341 Meeting of Creditors
      9/28/2009: Confirmation Hearing #1 (Denied)
      10/26/2009: Confirmation Hearing #2

      Comment


        #4
        Nah, I filed about 2 in about 2 weeks. This was just before my final confirmation hearing. Went well.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Originally posted by caj0524 View Post
          Is there a problem with filing another modified plan?
          No.

          My record is 11 modified plans before confirmation, and I'm a bankruptcy lawyer and am supposed to be good at this. One case which has six modified plans was a result of Citibank filing a proof of claim that might as well have been written in Sanskrit. It had three arrears numbers and three balance owed numbers.

          Yup, wanted to strangle the POC-filer that day.
          I am a Pennsylvania Eastern and Middle District Bankruptcy, FDCPA, FCRA and Foreclosure Defense attorney, information I post is based on experience in these districts. It is not legal counsel, consider it friendly counsel.

          Comment

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