Motion to Deny Confirmation

[aa06a47]

Well, those rat $#stards have a motion to deny my chapter 13 because 1) need more information regarding possible preference payments to MBNA and Citi. 2) Don't understand my calculations on Line 31 on B22C.

Those two issues were brought up at the 341 meeting. Payments to MBNA and Citi was minimum payments I made (the last I made) when I got my tax return. The line 31 had the 401k loan repayment on it, which is allowed and is a mandatory payroll deduction.

My attorney called me back that night after working with the trustee and said all of it was worked out and everything was good, even said we could get the plan confirmed as early as Tuesday, they just wanted 20 dollars more per month....(well, its Thursday now and Pacer shows this crap on it). and for the same crap that my attorney said she already worked out with the Trustee. Guess the rat $#$##$# changed his mind.

My attorney is out of town until next Tuesday (go figure) so it is going to be a very very long weekend.

[SinkingFast]

Has it been less than 90 days since those payments to Citi and MBNA were made?? It's probably money the Trustee is gonna go after. Even tho they were routine CC payments, they can still be considered Preferential.

Hopefully it's just that and nothing else??!!

[alh]

Just a note on your attorney being out of town. I saw somewhere that there is a big consumer bankruptcy convention this weekend that a lot of attorneys are at.

[anonymuse]

Just a note on your attorney being out of town. I saw somewhere that there is a big consumer bankruptcy convention this weekend that a lot of attorneys are at.

Annual Convention of the National Association of Consumer Bankruptcy Attorneys

May 19-21, 2006 in New Orleans, Louisiana

http://www.nacba.org/

Nice to someone on our side for a change.

[aa06a47]

Annual Convention of the National Association of Consumer Bankruptcy Attorneys

May 19-21, 2006 in New Orleans, Louisiana

http://www.nacba.org/

Nice to someone on our side for a change.

That's where she is at..New Orleans.

[SinkingFast]

Interesting!

I saw this post and made a little phone call.

Guess who's gone to a conference as well??!!

Our attny and both of his paralegals!!

[jane taylor]

Think we could "crash" their conference?

[anonymuse]

Think we could "crash" their conference?

$700 for the conference sure would buy a lot of knowledge.

[aa06a47]

Well I just talked to my attorney's assistant and she assured me everything was OK. I'm still not "assured" though. Said it is more of a dot the i's, and cross the t's type of thing. She said my attorney has already been in touch with the trustee and everything is going to be alright....and I should get confirmed really soon. Would believe that if I saw something on Pacer, which I haven't.

I talked to her about there convention in New Orleans. She said the place is still a mess. I am wondering where all those billions of dollars are going that the government sent down there. I would have thought clean up would have been a priority. Guess not though.

[anonymuse]

I talked to her about there convention in New Orleans. She said the place is still a mess. I am wondering where all those billions of dollars are going that the government sent down there. I would have thought clean up would have been a priority. Guess not though.

They need help from the people who rebuilt after the tsunami--they have their act together.

[katze]

The trustee is just objecting to the plan that you filed. Our trustee did the same thing to us. They will have a hearing on the objection that you probably won't have to attend. We had to sign another paper agreeing to the changes the trustee wanted. Then our plan was confirmed. I am suprised your attorney did not prepare you for this. Our attorney told us upfront that the trustee almost always objects to the plan. Sometimes they do it because they need to go everything that you told him at the 341 and they don't have time before the date for objecting.

[aa06a47]

I was able to talk to my attorney today. She told me today that is was very common, but no, she didn't prepare me for it. Kinda ironic, she filled the numbers out "correctly" and it actually showed me with a lower payment than was proposed. She said we wouldn't go in with a lower plan, as there are some expenses that are above the "IRS" standard. The way it stands now, I will either have my current payment, or worst case 200/month more if they won't allow actual expenses but IRS standards...which would be a bite in the as$, but if I cancel cable and a few things here and there, I could make it.

The "double dipping" numbers the trustee objected to, was due to the instructions given at the time of the new law took effect. One of the creditors challeneged it somewhere down the road, and a recent court ruling 'refined" the calculation of that line. I actually remember my attorney telling me at the time she was filling the forms, they include that expense in both lines but could change soon. It did unfortunatly.

[lrprn]

I'm so sorry to hear that, aa . Which "double dipped" expense was changed by the recent court ruling?

Sometimes it's like we Ch 13'ers are all climbing Mt Everest without oxygen while our creditors are being pulled up on a sled eating grapes and being fanned along the way. Great to see you are being so positive - hang in there!

[aa06a47]

I do not recall the exact line number, but it had to do with 401k loans and 401k contributions and mandatory payroll deductions. (By the way, the attorney said they allow up to 3% of your income to go to 401k's. Not sure if that is a local rule, or national rule.).

I'll be ok, one way or another. At least now I know what the max amount could possibly be, and it is a number I can handle with a few further cut backs. I like my cable tv though. :-(

[bobby125]

aa, my lawyer said no 401k what so ever, that they would raise my payment if they saw it, was adamant on that, so it may be local trustee.