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Trustee filed motion to modify, objection submitted, awaiting response. Have a ??

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    #16
    Before the recent salary increase:
    After we reworked the I & J forms initially, and discussed the updates with the attorney, our increase in take home pay (after paying all bills) was about $40 more per month, versus the trustee's calculation of $643 more take home pay per month.

    The trustee did not inquire about increases in expenses. I am puzzled as to why the trustee consciously made the choice to completely overlook, ignore, any updates in expenses, and focus exclusively on the increase in income. That appears very one sided. Just my observation. Seems to me, in order to make an accurate evaluation, changes in income, and changes in expenses need to be taken into account.

    After the new salary increase, we had to start over again with the I & J forms, and the adjusted take home pay is still, less than the $643 that the trustee is requesting. Let's assume, around $450 more. I don't have the final number in front of me.

    So, I am concerned about the final number that will be agreed upon. Is it likely to be more than the additional $450, as mentioned above? Is it likely to be more than the trustee's requested $643 increase? I suppose, we just won't know until this is done.

    A simple assumption:
    If it's agreed to take the whole $450, plus the $200 for the car payment once paid in full at end of year, the payment will increase to: $650, about what the trustee wants anyway. If this is the case, we won't really miss the increased salary.

    All we can do at this point, is just keep moving forward, and continue our focus on increasing revenue to mitigate future expenses. And of course, report significant updates.

    Comment


      #17
      Originally posted by Zombie13 View Post
      I am puzzled as to why the trustee consciously made the choice to completely overlook, ignore, any updates in expenses, and focus exclusively on the increase in income.
      From my experience, with two Chapter 13 Trustees, they all do this. I think it's something procedural. They don't have time to deal with these things, so they just suggest an increase and then worry about the details.

      I know that for Chapter 13s in my area, the Chapter 13 Trustees (three of them) deal with 7,000 new cases filing per year. If only 5,000 make it to confirmation, plus 3-5 years of cases, that could mean 15,000 active cases plus another 7,000 cases to deal with each year. That means that they each deal with over 7,000 cases at any one time. These Chapter 13 offices are so large, that they have at least 3-4 staff attorneys, and a large accounting operation. They are likely dealing with $3,000,000 of payments a month in each office.

      I compare it to the Chapter 7 Trustees that I call just plain lazy, but it's effective. In parts of Florida the Chapter 7 Trustee will just send your non-exempt items to auction even if you say you'll just give them money for it. Their response is that you should "just go to the auction and bid on it." It seems counter intuitive, but I suppose the Chapter 7 Trustees just don't have the time to deal with individual negotiations. Of course this differs among Chapter 7 Trustees (there are lots of those as they are panel trustees), different districts, and maybe even down to the individual case.

      It's a dance.
      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


      • Zombie13
        Zombie13 commented
        Editing a comment
        Thanks justbroke. That makes sense.. its a volume-of-work issue. I spoke with our attorney this morning. He spoke with the tdustee's office, though the people he needs to speak with, are out of office til next week. So he filed a response to the court to take no default action, so he can talk with the trustee's office next week, to resolve this. He stated, he believes that his offer of an increase of $318 or so is sufficient. This is the increase in net monthly take home pay. We shall see.

      #18
      To clarify: last thursday, the attorney emailed the trustee with the counter offer. The trustee has not reaponded (out of office). So today (the objection deadline), the attorney filed the objection with the court.

      Comment


        #19
        So, our attorney still has not received any communication from the trustee. The attorney called today, Sep. 10 2020, with that information. He emailed the trustee again this morning.

        On the deadline, Sep. 03 2020, the attorney filed "Debtors Response to Trustee's Motion to Modify Confirmed Chapter 13 Plan".

        The last two paragraphs of the letter read as follows:

        Counsel for Debtor and Counsel for the Chapter 13 Trustee are working diligently to reach a resolution regarding to the Motion.

        Wherefore, debtors request that the Court hold in abeyance any ruling on this matter at this time.

        /////

        So, what's next? despritfreya mentioned we should be receiving a notice of hearing, but we have not received it yet. There has been no communication from the trustee, to the attorney. Why? Is this standard procedure for trustees when their intent is to conduct a hearing? I ask because, as a professional, I always respond to communications in a timely manner: email, phone, instant messaging, etc. I would expect, at least, the trustee's office would respond saying, "we are going to a hearing".

        Timeline:
        Aug. 13 - trustee files motion to modify confirmed plan
        Aug. 27 - our attorney sends email response to trustee
        Sep. 03 - deadline for response from us and our attorney; attorney sends response, as mentioned above
        Sep. 10 - Still no response from trustee to attorney. Attorney sends another email

        Thanks everyone.


        Comment


          #20
          You will not receive a notice of hearing until the Trustee, or the Clerk's office, puts it on the calendar. I think that the Trustee can request a hearing, or the court may notice it from their tickle file and docket it for a hearing. Local procedures are not my specialty but the wheels of justice... err, bankruptcy... are turning. Bankruptcy is a slow process and nothing ever goes as fast as we hope.

          I am sure that this pandemic is slowing down some things. For the other things, I don't know why it is slowing down the work. But, again, this is bankruptcy and nothing is fast.
          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


            #21
            Thanks justbroke.
            Ok, then we'll just forget about it until we hear something. And respond if necessary.
            Thanks

            Comment


              #22
              This situation kinda reminds me, of being an entrepreneur.
              Client says: Urgent! I need this Noooowww!!
              Entrepreneur delivers, in record time, working all night to deliver, and submits the invoice as well, expecting to be paid on time.
              But that doesn't happen. That's not the client's priority.

              I know this is a different situation, but that's what I think of. I drop everything, including work tasks, to get the information pulled together, discuss with the attorney, etc. to get a response filed on time. And, work late at night to do the work tasks too. Then, nothing. ... Really? Haha yep. Oh well. At least our work's done.

              Comment


                #23
                Originally posted by Zombie13 View Post
                This situation kinda reminds me, of being an entrepreneur.
                Client says: Urgent! I need this Noooowww!!
                Entrepreneur delivers, in record time, working all night to deliver, and submits the invoice as well, expecting to be paid on time.
                But that doesn't happen. That's not the client's priority.
                Truer words were never spoken (or written as the case may be); been there, done that, got the freakin' tee-shirt!
                Latent car nut.

                Comment


                  #24
                  Ha, ha shipo LOL
                  As is said on film sets : hurry up and wait! (Actors' call times are notoriously early, and then they just set and wait .

                  Comment


                    #25
                    Originally posted by Barbisi View Post
                    Ha, ha shipo LOL
                    As is said on film sets : hurry up and wait! (Actors' call times are notoriously early, and then they just set and wait .
                    When I was in the Marine Corps we said that a lot!
                    Latent car nut.

                    Comment


                      #26
                      Originally posted by Barbisi View Post
                      Ha, ha shipo LOL
                      As is said on film sets : hurry up and wait! (Actors' call times are notoriously early, and then they just set and wait .
                      And in the nursing home we say that at the elevator!

                      Comment

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