Not worried. But perplexed. Hearing set.

[tigergem]

The trustee had objected to my cash and bank account exemptions under 11 U.S.C. 522(d)(10)(A). After conversation with the trustee, I chose to amend my Schedule C to make claim those exemptions under 11 U.S.C. 522(d)(5).

There was no fee to amend the schedule, and it was just the cost of the mailing to serve the matrix. No big deal.

The trustee already told me that he was going to recommend confirmation without objections. Actually, the bankruptcy clerk told me that after I filed the amended schedule C, this would all be resolved at my confirmation hearing on 3/3/2010.

So why do you suppose that today the judge set a hearing on the Trustee's objection for 4/7/2010?

Just FYI this was my response:

DEBTOR'S RESPONSE TO TRUSTEE'S OBJECTION TO DEBTOR'S EXEMPTIONS FILED ON 01/12/2010

Herself, debtor, pro se, in the above captioned case, herewith files amendment to Schedule C as timely response to the Trustee's Objection to Debtor's Exemptions filed by the Chapter 13 Trustee on January 26, 2010, and hereby states the following:

1.There are no material facts in dispute.

2.The Trustee objected to the Debtor's exemption claimed under 11 U.S.C. 522(d)(10)(A) as inappropriate for the balances stated for checking account and savings account and for “cash on hand”.

3.The amount involved in the Trustee's Objection to Debtor's Exemptions Filed on 01/12/2010 is small and can also be claimed exempt pursuant to 11 U.S.C. section 522(d)(5).

4.Debtor reserves her right to amend Schedule C under Federal Rule of Bankruptcy Procedure 1009(a).

5.The filing of the appropriately annotated amendment to Schedule C herewith follows along with appropriate Notice to the affected parties in accordance with LRBP 1009 and 9013(e).

Respectfully submitted,

Herself

It just seems like every time I am sure I know what to expect next, something unexpected comes up. Like this. Am I wrong to think this will be resolved at my confirmation hearing on 3/3? It really seems like a non-issue, and a hearing was exactly what I was trying to avoid.

[tigergem]

No big deal. (whew!)

My case manager at the bankruptcy court says this hearing was an automated thing triggered by my response to the objection is "no big deal". Our brand new trustee is just backed up and hasn't withdrawn his objection yet. She is going to monitor this and make sure all objections are appropriately resolved before my confirmation hearing, because she agrees, there is nothing in dispute at all, and no need for a hearing. It's all good.

Also I learned that after Hurricane Rita, my district established alternating court locations that "stuck" for the sake of convenience ... so every other month they hold court in a different location. That's neat.

[justbroke]

Yes, most hearing are automatically triggered. Perhaps the Trustee or you can file a Stipulated Order or something?

[tigergem]

If so, I'm sure I'll have to do it. Mr. T. is making me do ALL the legwork in this case lol. That's ok. I know he is swamped, being new and all. He has new people to train and everything. I will try to be a good little Pro Se person and make his life easier.

[justbroke]

I will try to be a good little Pro Se person and make his life easier.

Justbroke says... always be on the good side of the Trustee.

[tigergem]

Dumb question. I have prepared a stipulated order, as you suggested. I know both the Trustee and I have to sign it. But should I sign it and send it to the Trustee, and HOPE he signs and files it, or should I sign it and file it with the court, and let them round him up to sign it? Or just bring it with me to the confirmation hearing?

---- Never mind. I sent him an email to let him know I had prepared it. Told him I would bring it with me to the confirmation hearing. And uploaded a courtesy copy to his docs server. It's all good. ------

[justbroke]

Perhaps it's local practice where you are, but in my District, a stipulated Order doesn't need to be signed by both parties. Best of luck to you!

[tigergem]

Ok in my widdle head... stipulated order = agreed order = requires signature of both parties. Yes? No? This requires a call to the bk clerk to ask haha! I will do that later this afternoon, and let you know what she says. But right now I have to go get ready for a job interview. Because I just can't wait to complicate my life with more plan amendments.