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2 1/2 years and still not confirmed

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  • #31
    Originally posted by Redsox View Post
    As I am sure you are aware, DK does everything by the book. She would not budge on anything! Our DMI is based on form 22C. I presented my attorney with the Supreme Courts decision that Chapter 13's should be a forward looking process, and dynamic. My attorney seemed indifferent about it.
    This is truly unfortunate and the other Trustees are more realistic. I suppose she simply wants cases to fail which is just plain stupid because, if you fail, she makes very little money. I guess she is independently wealthy and simply does not care how many cases she oversees make it through the system - wonder what her failure rate is compared to the othe Trustees.

    On the other hand, since your initial post, two 9th Circuit appellate level cases have come out and (limiting the holding in Lanning to the facts of that case) both allude to the need to use form 22C in calculating what unsecured creditors must get regardless of a debtor's ability to pay. Of course, the requirement to devote DMI only arises if a creditor or the Trustee objects. I suspect the other 2 Trustees will continue to be realistic as neither wants to be out of a job (too many failed cases means no $$ to run their offices) but I also suspect creditors will, once again, start objecting to Plans that do not pay unsecured creditors what form 22C says they are entitled to receive. Only time will tell.

    Des.

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    • #32
      So I just checked PACER and saw that the BK Judge approved the Motion to incur debt. Now, is this the final word or do I have to wait for the trustee to put her two cents in? I have emailed my Attorney but he wont get back to me right away.
      Filed 12/24/2009 Confirmed 9/11/12 Discharge Date 12/24/2014

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      • #33
        The judge gets the last word and would not issue an order before the trustee's deadline to object.
        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!

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