Motion to Incur Debt - Why is a hearing motion?

[fiats3]

O.k., what's up with my kooky old judge again. I'm in a confirmed Bk13. I'm pro se (whatever..). I filed a motion to incur new debt (refi). Judge files a deficiency order saying I need to contact court clerk and set a date to hear motion, notify parties, etc.

What's up with that? It is a motion to payoff my BK13. All he has to do is approve it. What's to talk about? There is no discovery. There is no pleading. There is no argument. I am going to pay pff my BK13 amount as it is stated in the plan. That is completely legal.

I'ms sick of going to court. All he has to do is approve it done, they get their $50K. What's the dealieo? ANYONE?

[anonymuse]

Are you on a 100% program? How many months into the plan? There are procedures to be filed for the protection of you and the creditors.

[Minnymouth]

fiats3,

You filed a motion to incur "new debt" (refinancing)...... and now you are at the mercy of the Court......

First, you have to file the motion, notify the creditors, set a court hearing on the court document, then appear in court to get an approval for it from the Trustee and the judge.

Its not a simple process of "here's $50,000 pay off my plan.......

To begin with it all has to be approved by the Court........ if your paying off early, then you may be paying back $100% of your plan instead of just a percentage.... $50,000 may not be the payoff....

If you do not file the proper paperwork, in a timely fashion your case can be dismissed....... and then you would still owe the debts in full...... without the protection of the BK Court.

Be patient, pay close attention to your paperwork and follow the process with the Court....

Keep us posted.....