Concern-Need Advice

[Tirem511]

Trustee for some reason refuse to confirm my case (CH13). He keeps asking for statements and everytime I comply. However, after complying he keeps asking for something else. This has been going on since January. Recently, I receiving an unpleasant surprise by reviewing Pacer that the Trustee filed a motion for dismissal. App my Lawyer did not attend the last hearing. I called my lawyer and he said that it was normal procedure after several hearings. I really do not know what else to do as I have supplied everything that was requested of me. I have no assets and came into this predicament because of a divorce. Anyone have any experience with possible dismissals? What are my options? Any help would be greatly appreciated.

[Flamingo]

Apparently there is something the Trustee suspects or has knowledge of and it is not appearing in the information you are providing. Your attorney should have some idea as to what is going on there and actually what is causing the blockage in your situation and I would question him/her thoroughly as to what is going on in your situation.

[Tirem511]

The trustee has mentioned that before that my payments were too low (under $500) but it is correct based on my schedules. He wanted too see my credit card statements for the entire year of 07 to see what I bought (any assets). I did comply but he is dragging it out. There were no creditor objections and all have file claims.

[HHM]

Sounds like the trustee wants to dispute your expenses. He must see something in your various documents that do not mesh...keep in mind, the chapter 13 plan you filed is just a "proposal". The trustee and the court still have to approve the plan. It is quite common for a trustee to object to the first chapter 13 plan. But usually those issues are resolved BEFORE the confirmation hearing.

Has the trustee actually filed a Motion to extend the date of the confirmation hearing? If not, then you are going through the normal tinkering process. If the trustee has filed a motion to extend the date of the confirmation, then there is probably something a "little" more flawed with your proposed plan.

[lrprn]

Ch 13 is not a quick, straightforward process like Ch 7 can be. It sometimes takes a LOT of patience to see a Ch 13 through to confirmation. Take a look at my sig to see we waited for 15 months to get confirmation. No matter how much you worry, the court and your trustee will still move at their own pace. Spend your valuable energy on building a better budget - it's a far more productive use of your time.

Keep making your payments on time, give the trustee whatever is asked for, keep under the radar otherwise, and just wait it out. Keep talking with your lawyer and watching PACER weekly to see if anything new shows up. Accept that the court and your trustee are going to move at their own pace no matter how much you want them to move faster. Hang in there - the back and forth negotiations will end and you'll be confirmed. There's no blue ribbons for finishing first in this race.

[magyar123]

And also remember - some trustees can be real a..h...s.

[keepmine]

If you have no assets, why are you filing a 13?

[MajorMike]

Her income is probably too high to do a 7.