Trustee smoking something funny?

[tigergem]

So today my trustee filed an objection to confirmation on the basis of documents not received that they asked for prior to and at the 341 meeting.

I mailed them by certified mail right after my 341 teleconference.

After I saw that surprise package in PACER, I called the trustee's office and asked. She went through each of the documents and says to me "Oh yes, the documents are all here. Did you file the amendments we asked for?"

DOH.

I filed the amendments on January 12 (see PACER!) and mailed complete duplicates to the Trustee's office... ummm....yeah... by certified mail.

Then she says to me. "You sure have a done a really good job and we really do appreciate it."

So what's up with the confirmation objection??? Huh???

And yer darn tootin I am going to respond to it. Shouldn't Trustees be held to some standard of due diligence, like checking their files before they file frivolous objections with the court?

[justbroke]

Some Trustees are smoking crack. At my final confirmation hearing, the Judge sent me and the Trustee assistant out to a conference room to "negotiate". She was just all over the place with inaccurate information. Thought I wasn't living in the home I was. Thought I had to pay the value of my rental unit ($201K) into my Plan towards unsecured creditors (making it a 100% plan according to her, but even that was false!).

I had to correct her several times and then I told her that I think my Plan is okay and there is nothing in there. So, we went back into the Court and I guess she spoke to the Trustee because I was called up 2 minutes later and confirmed!

It was totally the lack of diligence on the Trustee's office. Like you, everytime she asked me for something, i said I sent it, and lo and behold, it was right there in her FOLDER!!!

The only thing we can do as pro se litigants is to just be abundantly over-prepared, and document, document, document!

If I were you, and to CYA, you should file a Response to Trustee's Objection to Confirmation, and provide all the gory detail. Make sure you mention Federal Rule of bankruptcy Procedure Rule 9011 just to drive the point home.

[tigergem]

How can I say that without sounding snippy?

Debtor asserts that the Trustee's objection to confirmation of her Chapter 13 plan is not in compliance with FRBP 9011(b) - - sounds - - I dunno... arrogant. Is there a better way to put it?

[justbroke]

How can I say that without sounding snippy?

Debtor asserts that the Trustee's objection to confirmation of her Chapter 13 plan is not in compliance with FRBP 9011(b) - - sounds - - I dunno... arrogant. Is there a better way to put it?

When I make such "snippy" comments, I don't do them in the statements of fact (body) in the response. I list such 9011 (Rule 11) violations in the prayer for relief by adding "an unreasonable lack of diligence required under Fed. R. Bankr. P. Rule 9011". I do this because I want it on the record that I raised such in my relief, in case I want sanctions later or the behavior isn't corrected.

Yeah, it's kinda poking at them, but it's fun.

[WaitNSee]

Certified Mail

Don't forget if you sent your papers Certified Mail you should be able to show when they were received, who signed for it and at what time. If you didn't get a return receipt, you might be able to get this at USPS.com under "track and confirm", (not sure). But the Post Office can get this information for you.

[tigergem]

This still sounds awful. I just know I am going to P off the trustee.

Wherefore, the Debtor requests that the Court dismiss (or disregard?) the Trustee's objection to confirmation as filed with this court on January 22, 2010 due to an unreasonable lack of diligence required under Fed. R. Bankr. P. Rule 9011.

Oh criminey. I wonder if I have to conjure up another proposed order?

Nah.... the proposed order for confirmation goes to the trustee (which I already sent them... along with all that other documentation...) and the trustee submits it to the judge. argh. Unless I P off the Trustee lol.

[justbroke]

It would be that the court OVERRULE the Objection to Confirmation. You would claim other reasons for relief, including that the Trustee was actually sent the information (and of course you'll attach the evidence of such as an Exhibit) and that 9011 junk.

The unreasonable lack of diligence is not a underlying reason for the relief. It's just another basis for why the Court should grant the relief. The reason you should have the relief is because records indicate that they did in fact receive the requested information. The lack of diligence was... contributory.

[tigergem]

Thanks jb. I'm a little miffed that I have to prepare this response, and I guess I shouldn't worry really about "hurting the Trustee's feelings"... considering how I felt when they said I my plan was filed with "lack good faith 11 U.S.C. 1325"... why? oh because they didn't bother to check to see that they already had all the documents they had requested.

[tigergem]

I'm really glad now that I mailed my response on Saturday. I see the TT still has not withdrawn his objection or changed his recommendation or whatever it is he needs to do to correct himself. I called the assistant today to double check all the paperwork and YEP everything is fine. So I asked her about the TT's recommendation, and she said "oh, I don't know. He has to look at that, that is not up to me." Fine. Whatever.

[justbroke]

Sometimes you have to light a fire under their... hind quarters.