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Trustee didn't fix his deficient filing!

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    Trustee didn't fix his deficient filing!

    We had petitioned the court/trustee for payment modification, provided all documentation to support the modification, etc... Anyway, the last possible day the trustee filed an objection to the plan modification, only citing W, other on the objection form and said the amendment was to vague. Well, 2 days later the US Bankruptcy Court Clerk filed a notice of deficient filing. When I saw it on PACER my heart sank..., until I read it. It was a notice to the trustee that he hadn't put the case number nor the debtors information in the correct places, and it had to be amended by today or the judge will take action on the matter, up to dismissal of the objection. Well, as of 5:38 this afternoon he has not filed an amended objection, so I will keep my fingers crossed the judge will finally do something in our favor. Do any of you think the judge will play fair and dismiss his objection, or do you think he will most likely side with the trustee and give him an extension since they are on the same side?

    #2
    Originally posted by DOA View Post
    Do any of you think the judge will play fair and dismiss his objection, or do you think he will most likely side with the trustee and give him an extension since they are on the same side?
    Who knows? Might as well flip a coin - that has a better chance of being right!

    Seriously, DOA - I hope your trustee's objection ends up dismissed. It is quite possible to win in court under these circumstances....I know because we did. Our mortgage company (one of the big ones too - Chase!) didn't answer a challenge by our Ch 13 lawyer to produce proof by a specific date that we were in arrears on our mortgage when we filed. (We weren't in arrears and we could prove it with Chase's own billing.) We got the official papers from our bankruptcy judge a few weeks ago - Chase's objection to our confirmation was dismissed! It was a happy, happy day at our house. Hope you have a very happy day at yours too!
    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

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