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    Question about confirmation

    We had our 341 earlier this month. We are paying back 15% of $55,000 unsecured CC debt and 100% of $38,000 secured debt (truck, appliances, 4-wheeler, etc) . Our payment is $1190 a moth. The trustee was not excited that we wanted to keep my husband's 4-wheeler.
    He did say that he would not object to the plan and that he would reccomend confirmation but that he couldn't say that the judge wouldn't have a problem with it. Our attorney doesn't think it will be a problem.
    Confirmation is set for Feb 9.
    I just wanted to get some opinions from the people here. Do you think that this will turn into a big deal?
    Filed Chap 13 12/13/09
    First payment 1/1/2010
    341 1/13/2010
    Confirmation scheduled 2/9/2010

    #2
    Originally posted by tothelimit View Post
    Our attorney doesn't think it will be a problem. ... I just wanted to get some opinions from the people here. Do you think that this will turn into a big deal?
    Each court and trustee have their own customs regarding what will be ok and what will be questioned. Hopefully you chose a bk lawyer with deep experience in your local court and very familiar with what flies and what doesn't, because he/she is by far your most reliable source here.

    The issue is that your 4-wheeler is not exactly a necessity of life - it's often considered a luxury item. The fact you are trying to keep it after filing is what's causing the trouble here, especially with a low payback %. Why are you two trying to keep the 4-wheeler, even after knowing it's causing unnecessary issues in your case?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      The issue is that your 4-wheeler is not exactly a necessity of life - it's often considered a luxury item. The fact you are trying to keep it after filing is what's causing the trouble here, especially with a low payback %. Why are you two trying to keep the 4-wheeler, even after knowing it's causing unnecessary issues in your case?
      Thanks for your reply...
      We understand that it is not a necessity and if we have to give it up life will on.
      We didn't know that it would be an issue, our attorney asked us if we would like and we said yes.
      Filed Chap 13 12/13/09
      First payment 1/1/2010
      341 1/13/2010
      Confirmation scheduled 2/9/2010

      Comment

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