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    Plan is insufficient?

    I filed Ch. 13 last summer and our plan was confirmed last August. Our payments were to be $160 per month for 15 months and $666 for 45. I received a letter entitled: "Notice of Pre-Hearing Conference and Hearing on 'Trustee's Recommendation Concerning Claims, Objections to Claims, and Plan Modification (If Required)'"

    Basically, it said that it recommended that certain claims be allowed, certain ones be disallowed due to failure of the creditor to submit proof of claim. However, under the Plan Modification part, it says: Plan is insufficient, trustee may file a motion to dismiss unless debtor files a plan modification and/or objection to claims within 20 days.

    What does this mean??? Why would the plan suddenly become insufficient?? We have not changed anything. I was about to. We sold our house 3 weeks ago, with the permission of our atty, so the mtg. arrearages should be removed, but we hadn't even had a chance to change that. And we made NO money on the sale. We had to even bring $$ to the table.

    Please help!

    #2
    It may just be a "form" motion.

    But, it is an odd motion to file, after all, you don't need to disallow claims that have not been filed, unfilled claims are automatically disallowed.

    Without more background, I can't really say if this is something you need to worry about. I suspect that this is a form motion. Usually the motion would need to have some specific text about how your plan was insufficient.

    Comment


      #3
      perhaps because you sold your home and the arrearages are gone and the trustee is aware of it, your plan is being reevaluated. So are only unsecured included now in your plan? Perhaps the trustee is just ahead of the game in you modifying your claims etc. If you have an attorney, I would be in his office asap

      Comment

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