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Amended Plan Question

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    Amended Plan Question

    Trustee filed Objection to Confirmation as well as an Objection to Exemption. In response, the exemption was amended and at the same time an Amended Plan was filed.

    The confirmation hearing was continued because the Trustee need more time to review the amended Plan.

    The next hearing is coming up this week. The trustee filed a motion to withdraw the objection to exemptions but did not file anything at all related to amended Plan. The Amended plan should have addressed all of the Trustees original objections. Is it unusual for a Trustee to file nothing at all related to an Amended Plan?

    #2
    Typically the Trustee and the debtor's attorney work together as a sort of negotiation of the plan behind the scenes.
    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      The Trustee’s objection included a specific payment amount. Our attorney agreed that the amount was correct and filed the amended plan reflecting the payment amount in the Trustee’s objection. The objection also included slightly different amounts to secured creditors which the attorney also agreed with an included in the amended plan. The trustee made no filing related to the amended plan and has not responded to follow up by our attorney.

      Comment


        #4
        Then it is likely that they have agreed on the plan and are just waiting for the next (continued) plan confirmation hearing. What I see is what normally happens: changes are requested and made.
        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

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          That eases my mind quite a bit. Thank you!

          Comment

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