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    Got Trustee Objections...what do they mean??

    Our 341 was last week. Here are objections that showed up on pacer today

    1. The plan as proposed will extend beyond 60 months.???
    (How is that possible..dont understand that one)

    2. Plan didn't provide for step up payment once 401k loan was paid off
    (I understand this one)

    3. Disposale income calculation on Form B22c, the unsecured pool in the ch 13 plan is less than that required by Section 1325 B
    (this is stating that our plan payment is less than what our disposable income shows on means test..right?)

    I haven't talked with my attorney since last week, still waiting on her call. So is this where we now amend our plan and turn another one in?
    Thanks!!
    Filed: Feb 15, 2007
    Confirmed: Sept 20, 2007
    21 months down
    39 months to go

    #2
    Originally posted by dovette7 View Post
    Our 341 was last week. Here are objections that showed up on pacer today

    1. The plan as proposed will extend beyond 60 months.???
    (How is that possible..dont understand that one)

    2. Plan didn't provide for step up payment once 401k loan was paid off
    (I understand this one)

    3. Disposale income calculation on Form B22c, the unsecured pool in the ch 13 plan is less than that required by Section 1325 B
    (this is stating that our plan payment is less than what our disposable income shows on means test..right?)

    I haven't talked with my attorney since last week, still waiting on her call. So is this where we now amend our plan and turn another one in?
    Thanks!!
    1) Your plan should not go more than 60 months, the law is clear on that part and I would ask for clarification on that.
    2) If your plan didn't provide for a step up payment when the 401k loan was paid off, this is good. Once you pay the loan off, you should be in good shape. My plan also didn't bump, lawyer told me the loans went long enough into the plan the trustee wasn't interested. OK...good for me.
    3) Your trustee will probably try and get the payment closer to the means test calculations, but it won't necessarily be the same.
    Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
    Plan Confirmation 6/16/06 :yahoo:
    Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

    Comment


      #3
      Originally posted by dovette7 View Post
      Our 341 was last week. Here are objections that showed up on pacer today

      1. The plan as proposed will extend beyond 60 months.???
      (How is that possible..dont understand that one)
      Maybe for the monthly Payment your attny proposed and the total "Pot" of the plan,............ The Trustee thinks it would take more than 60 months to meet the goal of your Propose Plan??!!
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        the only thing I could come up with, (because I still have not heard from attorney) is that husband is paid weekly. The last payment #260 will be paid on Feb 17th, 2012. We filed Feb 15th, 2007. Could that be it? 2 days over 5 years??

        Having trouble with attorney calling me back. Emailed, Called, etc. So I'm just guessing here.

        In regards to our actual payment vs what means test shows disposable income. They are way apart. We proposed $1560 per month. Disposable income shows $3816. We have to amend $ of taxes monthly and additional medical expeneses. After that, is this where my rent being too high comes in to play? Does the trustee normally point that out? I have previously posted my expenses and rent is a little high even though there wasn't a lot of rentals at the time I was moving.....that's it though.

        Thanks for your responses guys. I don't know how I would've made it this far sane. I have so long to go, but mentally, I'm better now even though I don't know what's going to happen.
        Filed: Feb 15, 2007
        Confirmed: Sept 20, 2007
        21 months down
        39 months to go

        Comment

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