Need some help: Trustee Objection to Plan (C13)

[GoingUnderInNV]

Hi, all! Just had my 341 earlier this week, and today I just got a "Trustee's Objection to Confirmation of Chapter 13 Plan." The item checked on the document is as follows:

"This is a BAPCPA case. The debtor is using an obsolete model plan that was used in this district before BAPCPA was passed. The plan contains a number of provisions that are not consistent with BAPCPA and the new local rules adopted by the Bankruptcy Court after BAPCPA was passed."

Not sure what this entails; does this just mean the wrong "form" was used, or that my plan included expense items that are no longer allowed, er what? My attorney is still out of town, but I'll definately be giving him a call next week. Just hoped someone else has come across this since the new law passed last year.

Thanks for any input! I'll keep searching the boards here, but any input is welcome!

[lrprn]

Hi, all! Just had my 341 earlier this week, and today I just got a "Trustee's Objection to Confirmation of Chapter 13 Plan." The item checked on the document is as follows:

"This is a BAPCPA case. The debtor is using an obsolete model plan that was used in this district before BAPCPA was passed. The plan contains a number of provisions that are not consistent with BAPCPA and the new local rules adopted by the Bankruptcy Court after BAPCPA was passed."

Not sure what this entails; does this just mean the wrong "form" was used, or that my plan included expense items that are no longer allowed, er what? My attorney is still out of town, but I'll definately be giving him a call next week. Just hoped someone else has come across this since the new law passed last year.

Thanks for any input! I'll keep searching the boards here, but any input is welcome!

Doesn't your heart just drop to your feet when that trustee objection letter arrives? (Ours sure did!)

Sounds like your lawyer may have used the old pre-October 2005 forms to file your case - hopefully just an honest mistake. Your lawyer has been notified too - you definitely need to find out what he/she intends to do to address the trustee's objection.

If this is just a wrong form problem, then your lawyer will have to refile your Ch 13 forms using the right ones this time and that should take care of the trustee's objections. However, depending on your specific income and expenses, it is possible that using the new BAPCPA forms could impact your monthly payment amount. Follow up with your lawyer as soon as possible, and keep us posted on what happens, ok? Good luck - hang in there!

[HHM]

It's quite common for the trustee to file and objection to the first plan presented...about 9 times out of 10, it will get worked out between your attorney and the trustee. However, I am a little concerned over the wording of the trustee objection...it sounds like your attorney may have dropped the ball a little. But honestly, its probably just stupid stuff the trustee is objecting too.

I wouldn't worry about it too much, because, again, the trustee will usually object to the first plan.

[DOA]

If I had lost 10 pounds everytime the trustee has had some sort of objection I would weigh -150 by now. Until it's confirmed, expect to get objections.