Trustee's objection to confirmation, motion to Dismiss.

[mark3413]

I received a letter stating the trustee was filing for oblection to confirmation, and motion to dismiss.The court date is july 6,2006.That was supposed to be when my confirmation hearing was.I don't know what to do.Does anyone know how, and when I can convert it to a chapter 7 instead.

[aa06a47]

I received a letter stating the trustee was filing for oblection to confirmation, and motion to dismiss.The court date is july 6,2006.That was supposed to be when my confirmation hearing was.I don't know what to do.Does anyone know how, and when I can convert it to a chapter 7 instead.

I am learning from the school of hard knocks here, but the trustees seem to file motion to object to the confirmation and motions to dismiss regulary. Do you know why the trustee is objecting?

It may be something easily "fixed" simply by answering the objections. If your filing pro-se, you'll need to learn how to do this. If you have an attorney, contact them.

You can convert to a Chapter 7 at anytime, however, your going to be subject to the same set of rules you filed under the first time (ie, means test, can you pass it...ect). Unless you were trying to save property, I would assume you didn't pass the means test to start with. What has changed that you want to convert to a Ch 7?

[edwards2]

I agree with aa06a47...don't panic yet...find out what the objections are all about. Having been there and done that I can empathasize about getting the infamous letter from the trustee. Admittedly, I did freak out but as it turned out we were able to defend our case and our subsequently, our case was discharged. I also agree that trustees regularly file objections......it is their MO to object..makes their job meaningful. You will be subject to a lot of the same restrictions with a Chapter 7 so don't assume it will be an easier road to travel than a 13 and in fact quite the contrary. Chapter 7 as you know is discharging all debts so proving your case can be more problemmatical because you get into disposable income, etc. It can be complicated. First and foremost find out what the objection is all about and then let us know...

[bkbiker]

First time my trustee sent me a motion to dismiss; I was freaking out and did find out he wanted more documents, sent them to him and motion was terminated.
Second time; I became terrified as my case was almost over, hired new lawyer who settled for me.

Yes, I think anytime the trustee wants something; they just file a motion to dismiss which you have to take notice of.

Remember the trustee works for the creditors and is your adversary, not your friend. But to keep things in perspective; if you were one of the creditors; would you not want the trustee to work hard for you and get back as much money as possible?

Good luck,

bkbiker

[danas15146]

We just got our letter saying the trustee was moving to confirm. I hate to say it out loud - but we have been pretty lucky thus far. Reading all of the horror stories on this board, I feel like I should call my attorney just to say thanks. He helped us with the budget schedule and let us know where we could add some stuff to give us a little cushion for emergencies, and at our 341 there was nothing additional requested by the trustee. Guess we picked a good one and I feel very forunate considering.

[anonymuse]

It's a system of checks and balances, but it can be hard to have the balance without an attorney on your side sometimes.

In the rest of our legal system you are supposed to be innocent until proven guilty, but I feel like in the BK system you are considered to be abusing the system until proven otherwise.

And this is mostly because of that small percentage of filers that don't have the job loss, divorce, and/or medical bills that decide to run up credit cards with no intention of eveyr paying and they make people question the whole system.

And it doesn't help when they put this whole new system in place that doesn't work since they're still not able to catch and put those high income filers either out of BK or in a Ch 13.

[Anj]

we got something exactly like what you were saying "objection to confirmation" - there was a type o on our plan and it said my husband made 500 more than he did - we corrected it and all was well.

GL

[aa06a47]

We just got our letter saying the trustee was moving to confirm. I hate to say it out loud - but we have been pretty lucky thus far. Reading all of the horror stories on this board, I feel like I should call my attorney just to say thanks. He helped us with the budget schedule and let us know where we could add some stuff to give us a little cushion for emergencies, and at our 341 there was nothing additional requested by the trustee. Guess we picked a good one and I feel very forunate considering.

Sounds like you had a good attorney and a good trustee. The trustee I have appears to have the old motion to deny button stuck on his computer. I had pulled a query on pacer for all cases filed the same day as mine that had the trustee. I looked at 10 of them, and all of the 10 I looked at but 1 had multiple motions to deny confirmation on each case. Only 1 of the 10 was confirmed. It appears that some trustees are kinda acting like a cat playing with a mouse.