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11 u.s.c. 1307(c)(1)

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  • 11 u.s.c. 1307(c)(1)

    anyone know what this means? i looked it up, but don't really understand why the trustee is doing this. he claims unreasonable delay that is prejudicial to the creditors. i'm 7 payments in and never been late. i just got the letter today for the motion to dismiss so i haven't talked to my lawyer yet. this is the second time he has tried to zap my case.

  • #2
    As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.

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    • #3
      Have you started making payments on your proposed plan? That has to start within 30 days of filing I believe.
      filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

      Comment


      • #4
        Did you do your 2nd BK course, the financial management course?

        At this point, we can only speculate, you can log into a pacer and download the Motion, the trustee, in the Motion, would need to specify the grounds.

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        • #5
          My lawyer is a beotch............

          i have had 6 phone calls to her and not one call back. she was good b/4 she got that payment from the trustee. it looks like the trustee feels i should be in a 100% payback while i'm at 82% and really don't understand that cause i was told it would be more like 60% but then was told it was a #'s game and it would be modified this spring. maybe i'm over-reacting........... my plan is pretty horrible the way it is set up. i'll let you guys know what happens.

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          • #6
            Usually, looking at the Motion in PACER will show the details of the why.

            I like where HHM went with this. In many Districts, you have to get the debtor education within 180 days of your confirmation.
            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.

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            • #7
              Has the plan even been confirmed?

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              • #8
                Confirmed in november...............

                Originally posted by HHM View Post
                Has the plan even been confirmed?

                trustee says he sent a problem letter to the attorney in early december. this is the first i heard about this. stay tuned................

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                • #9
                  Update....................

                  my attorney never called back, so i called yesterday morning very early and got her answering the phone. she claimed she is way behind because of the # of bk's. ok, so she just said that it is still a #'s game with the trustee and we just have to modify again for the 2nd time. on her behalf, she told me from the get go that it would be a challenge with the #'s because of my assets. i still don't get it. i went from 60, to 80, and now 100%. i'm self-employed also and hurting right now because of the economy. i have an appt. tuesday. stay tuned................

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                  • #10
                    Self employed and chapter 13's don't go together well. They always receive a high degree of scrutiny. Your attorney is correct, its a numbers game with the trustee.

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                    • #11
                      I hate that excuse from an attorney. We fired one because of that. I don't care about your back log. I paid you. Do your job.

                      Be firm. She needs to fix it. Or you need to shop for a new attorney.

                      Good luck.
                      Filed - 12/24/08 (Merry Christmas Credit Cards!)
                      341 - 2/5/09
                      Confirmation - 3/13/09....Happy Dance!!!

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