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Trustee's Objection to confirmation

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  • Trustee's Objection to confirmation

    Hello,

    Yesterday I checked Pacer and the Trustee filed objections. I know i added little room on few items due to i know that I will encounter these during the 5 years and to make me a little bit of room.

    Honestly in your experience if I have no proof like a receipt how can i challenge these?

    The debtor's plan fail to provide all projected income per 11 USC etc.....for the below specific items:

    1) Water/Garbage collection 140.00
    2) Child Care 550.00. According to the debtor's she is a homemaker.
    3) Education 125.42
    4) Miscellaneous 50.00
    5) Employment Education (work improvement) 160.00
    6) Vehicle Insurance 460.00. The trustee request a copy of the declaration page.

    The trustee requests a proof of the above expenses within 14 days.

    For number 1 no problem i have receipt
    For Number 2 i did tell the trustee that my child is not saying word properly (he is 4 years old). The trustee in the meeting she said i would need proof. Is a doctor's note and the receipt from school sufficient? This is the biggest portion of the objection.
    For Number 3 not sure what to provide. I think the lawyer give this figure from my tax return and unfortunately i have no receipt
    For number 4 not sure what to provide as miscellaneous. What is acceptable?
    For number 5 also no receipt
    For number 6 my insurance was 550 but then i changed company so i brought it down to 300 however i'm expecting an increase next month but have no idea how much especially if they find out that i filed BK.

    If you can comment from your own experience and any opinion are welcomed before i meet my lawyer to discuss.







  • #2
    Originally posted by moses911 View Post
    1) Water/Garbage collection 140.00
    2) Child Care 550.00. According to the debtor's she is a homemaker.
    3) Education 125.42
    4) Miscellaneous 50.00
    5) Employment Education (work improvement) 160.00
    6) Vehicle Insurance 460.00. The trustee request a copy of the declaration page.
    These are standard things that the Trustee will always question since the Means Test states to provide documentation. So this is just the Trustee asking for documentation.

    Originally posted by moses911 View Post
    For number 1 no problem i have receipt
    That's per month? I'm wondering if the Trustee still questions this amount. (If you live in Florida with a family of 5, I can see water over $100/month.)

    Originally posted by moses911 View Post
    For Number 2 i did tell the trustee that my child is not saying word properly (he is 4 years old). The trustee in the meeting she said i would need proof. Is a doctor's note and the receipt from school sufficient? This is the biggest portion of the objection.
    I don't understand what you're trying to communicate either. A receipt is not sufficient if you are a "stay at home mom" and do not work outside the home. The Trustee will simply not allow that and demand that you either work or provide childcare for your child(ren).

    Originally posted by moses911 View Post
    For Number 3 not sure what to provide. I think the lawyer give this figure from my tax return and unfortunately i have no receipt
    If this amount is for student loans, then this should not have been on the Means Test (although the attorney may sneak these in and hope no one is looking). You may need to remove this.

    Originally posted by moses911 View Post
    For number 4 not sure what to provide as miscellaneous. What is acceptable?
    Something that says what "miscellaneous" means. You'll have to ask your attorney what s/he meant by miscellaneous and how can I prove it.

    Originally posted by moses911 View Post
    For number 5 also no receipt
    Where did this number come from? Is this education "required" by your employer? Certain professions may have CEUs that must be taken to keep professional licenses. These are okay, but still require you to have some documentation.

    Originally posted by moses911 View Post
    For number 6 my insurance was 550 but then i changed company so i brought it down to 300 however i'm expecting an increase next month but have no idea how much especially if they find out that i filed BK.
    Is that for one car? The Trustee would just want documentation. Insurance is what it is. If it changes again immediately inform your attorney.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      Are you saying that you spend $550 per month for your child to attend a school which specializes in his disability? If so, I would think a note from the doctor stating that this is required, along with proof of your payments would be sufficient. Do you not have either of those for some reason?

      That is still a pretty hefty amount. justbroke, can they dismiss someone's case stating something like, "this person should work while her child is at school"? I've never seen a discussion about this.

      Comment


      • #4
        Originally posted by Chrysalis View Post
        That is still a pretty hefty amount. justbroke, can they dismiss someone's case stating something like, "this person should work while her child is at school"? I've never seen a discussion about this.
        I have to admit, first, that I didn't catch that this may be a school which is for exceptional children. If that's the case and it is well-documented, then I don't think it will be an issue. If moses911 is unable to provide substantive documentation, then this would be a questionable cost. However, I believe the problem is simply documentation of the need along with the cost.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog


        I am not an attorney. Any advice provided is not legal advice.

        Comment


        • #5
          Thanks for the reply. The wife doesn't work and although the school say child care it is really a pre school. I'm going to the doctor today to ask him to write a note that my child doesn't pronounce words properly for his age. That is the reason he is enrolled in pre school so they can help him catchup before elementary. I do have receipts on the school. Now to be honest I'm not going to fight it beyond the note and the receipt. Worst case they can object to it and increase my payment correct? For Education i was going to study to catchup on technology and since i was in debt i couldn't buy books to stay in lead of technology. So i budget it for it. I guess i have to give this amount.

          Like i said before my big issue is my child's school if the trustee let this one pass then all the others i can live without.

          Comment


          • #6
            The doctor's note would be more helpful if it included a recommendation that your child attend preschool.

            Education for yourself that isn't required by your employer is not likely to fly.

            Yes, the worst case is that your plan payment increases.

            Have you discussed the objections and what you should provide with your attorney?
            LadyInTheRed is in the black!
            Filed Chap 13 April 2010. Discharged May 2015.
            $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

            Comment


            • #7
              Originally posted by LadyInTheRed View Post
              The doctor's note would be more helpful if it included a recommendation that your child attend preschool.

              ...

              Have you discussed the objections and what you should provide with your attorney?
              These two points stand out. I'd specifically address the preschool. It sounds like you're claiming this as a medical necessity. This really should be called out specifically by a doctor's note, because I'm not sure that I'd connect preschool with speech challenges.

              Also, I'm assuming that you will likely not have this expense for the duration of your plan (how long do children go to preschool?). I'd be prepared with a justification for to that concern (e.g. after a year of preschool, you'll have $550 available to pay your creditors).



              Comment


              • #8
                The pediatrician agreed to write a letter saying that he recommend preschool for my child due to his speech problems. We also have the receipts for the cost we paid every month.

                so the next step is at confirmation hearing or will these objections get resolved before the meeting? I know that these questions will be at answered when I meet my lawyer next week but I was just curious.

                Comment


                • #9
                  Most judges want objections dealt with, if at all possible, prior to the final confirmation hearing. Otherwise, the final confirmation hearing becomes a "trial" or sorts to overcome any challenges to confirmation (in fact, those challenges or controversies may be scheduled separately as evidentiary hearings or trials).

                  The bottom line for you is that your attorney works with the Trustee to agree on the resolution of the objections prior to any confirmation hearing. If there are still objections, the confirmation hearing may be continued to allow the Trustee, creditors and debtor (debtor's attorney) to work on coming to a satisfactory conclusion. If no one agrees, then it goes before the judge and the judge is the final arbiter of whether the confirmation should be granted.

                  Most confirmation issues are solved prior to hearing. I resolved my only 2 in a quick conference with the Trustee's assistant and a creditor in a conference room outside the courtroom the day of confirmation. It was all in my favor as the creditor was satisfied with the (pre-confirmation) plan amendment.

                  The only question will be whether that $550/month will disappear at some time and your attorney needs to propose a "step" plan.
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog


                  I am not an attorney. Any advice provided is not legal advice.

                  Comment


                  • #10
                    Thank you as I'm learning a lot from your experience and knowledge. Next week I will address all of my concerns with my lawyer and will update you on the progress with the trustee

                    Comment


                    • #11
                      Just want to give the group an update. I met with my lawyer and he seems confident that he can win most of these objections. I was a bit surprised that he is willing to fight it. He said the insurance most likely we will lose since I'm paying 320 and not 460. My child preschool with the doctor note we provided we will most likely win. I asked him about my work and he said since it is on my tax return it shouldn't require any other proof. The 50 dollar miscellaneous he said no need to show anything and and they shouldn't question it.

                      Comment


                      • #12
                        moses, glad to hear you're getting it figured out. Good luck!

                        Comment


                        • #13
                          Ok so last week was my confirmation hearing and I called my lawyer office to ask how it went and the secretary told me that my plan is confirmed and all objections were resolved. I was happy with that however when i checked on Pacer i saw the following note:

                          "Minute Entry. Hearing Adjourned for control purposes. (related document(s): 9 Meeting of Creditors Chapter 13) Confirmation hearing to be held on 07/03/2017 at 10:00 AM at Courtroom."

                          So what i know is the last day that a creditor can object is 07/03/2017. Is this the reason why i don't see plan confirmed in Pacer yet? Or will the trustee still can object?

                          I will ask my lawyer again but was wondering

                          Comment


                          • #14
                            I don't know what a "control purpose" would be but that's probably why the date was reset. It could be any number of things, but it may be related to another matter that is pending in your case (lien strip, cram down, etc) and they want one single order. In some of these cases, it's on a sort of rocket docket and no one needs to attend the hearing.

                            The last day to object to confirmation is the date of the confirmation hearing. A confirmed plan can also be un-done for cause but it's never really something to worry about. Even though the plan is confirmed, the Trustee must actually write up the propose order confirming the plan (at least that's the case here in Florida), and then the judge will eventually sign it. It took mine about 25 days from the confirmation hearing to the "order" confirming the plan.

                            It sounds like you're good to go. Keep your payments on time and your head low. Stay off the Trustee's radar!
                            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                            Status: (Auto) Discharged and Closed! 5/10
                            Visit My BKForum Blog: justbroke's Blog


                            I am not an attorney. Any advice provided is not legal advice.

                            Comment


                            • #15
                              What really confused me is my Lawyer say we are good to go and that we are confirmed. Then i log to pacer and see it was adjourned for control purposes. Doesn't really give much details. I'm current on all my payments and there is no lien strip or cram down etc... so confused.

                              On my case it said the last day to object to any debt 07/03/2017 and my confirmation hearing was 06/12/2017 (which is now adjourned to 07/03/2017).

                              I really hope my case gets confirmed the way it is because i would consider it a big win for us. However i guess since i don't see yet the official "confirmation granted" the trustee might still be able to object?

                              Comment

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