Trustee filed motion

[JGGR]

... And I don't know what that means... The hearing on that is on 03/28 which is also the date of our confirmation hearing. What does that mean? I'm sure he is looking for more $. I contacted my attorney and NOTHING yet (of course). I know on our 341 meeting, we discussed that there needed to be some modifications to be made on our plan, and if it wasn't because I contacted my attorney a week ago, these changes wouldn't have been made. Am I going to be notified of this Trustee motion before the hearing? He apparently filed this motion on 02/04. I just so want to get this over with! Once our plan is confirmed, that's it... I hope we don't have to deal with this anymore, just make our payments and be done with it. Any thoughts?
BTW, I learned about this online... while checking my case information. It is not a motion to dismiss, as it says none has been filed. but I don't know what it is...

[katze]

Our Trustee filed an objection and the hearing for the objection was at the same time as our confirmation hearing. Ours was no big deal, he wanted us to start paying more when we finished paying our cars off. We are paying them outside of our plan but they won't be payed off untill we are almost done with 36 month plan. The court did send us a letter explaining the objection about a month before the hearing. I would expect for you to get something before the meeting.

[Graphic]

Would help if you said what kind of motion it was. There are different types of motions

[JGGR]

I don't know what type of motion. It doesn't say. All it says is trustee filed motion on 02/04. When I look over my case data, there are however NO motions to dismiss which is GOOD! I'm sure it won't be a big deal. But I want to know what's going!!! Thanks.

[Minnymouth]

Check pacer online under documents/history and see what kind of motion was filed. Should list it and you should be able to view it also...

Probably just a simple motion for the court to let the Trustee proceed with the Chapter 13....

Get back with us

[JGGR]

According to my attorney, it was a motion to dismiss because of "failure to provide all documents requested", as requested on our 341 meeting... in other words, attorney's screw-up. He said he's going to submit everything now and we should be in good shape. Our case is not dismissable... it's just they sat on our paperwork and did not send it to the Trustee on time! Oh well... our confirmation hearing is in about a month and a half. Thanks.

[Graphic]

Not necessarily the attorney's fault. More so the paralegals fault. I guarantee the attorney probably barely looked at the papers. Paralegals jobs can be tough because when they say they need it by a certain date (lawyers) they mean it. Otherwise it could mean winning a case or not winning. Or being able to present evidence or not. etc. Could ahve been his/her fault too but sometimes those paralegals get paid far too little for all the work they do.

[JGGR]

That may be true. One of the paralegals there kept avoiding (and not returning) my phone calls. The attorney I spoke with was not bad.

[KeepHopeAlive]

Ultimately its the attorney's fault!

Not necessarily the attorney's fault. More so the paralegals fault. I guarantee the attorney probably barely looked at the papers. Paralegals jobs can be tough because when they say they need it by a certain date (lawyers) they mean it. Otherwise it could mean winning a case or not winning. Or being able to present evidence or not. etc. Could ahve been his/her fault too but sometimes those paralegals get paid far too little for all the work they do.

Ultimately its the attorney's fault, because the paralegal works for the attorney. If the attorney is underpaying the paralegal then, again, its the attorneys fault.

[Minnymouth]

You hire the attorney - he's responsible...........
And if you are under the new laws - then he is responsible a lot more for his actions..........

Keep an eye on him and what he does......... make sure he follows thru on your case....

[Jman30]

I would agree with this. Ultimately, it is the Attorney's responsibility to make sure the correct papers are filed and that the staff that he employs and pays is performing their job function.

The buck has to stop somewhere, as they say.

[SinkingFast]

Not necessarily the attorney's fault. More so the paralegals fault. I guarantee the attorney probably barely looked at the papers. Paralegals jobs can be tough because when they say they need it by a certain date (lawyers) they mean it. Otherwise it could mean winning a case or not winning. Or being able to present evidence or not. etc. Could ahve been his/her fault too but sometimes those paralegals get paid far too little for all the work they do.

Level of pay has nothing to do with attention to detail. The paralegal's job is to pay attention to details so his/her boss can deal with clients and Court, do their job. The receptionist answers the phone for the same reason. So the attny doesn't have to take time from clients, writing motions, whatever, to answer the phone.

People that work for any company should take personal pride in the level of their work, regardless of the pay. Falling down on the job because "I don't get paid enough for what I do" is just a sorry excuse that screams, "I'm lazy!" to fellow employees and ultimately the employer. That type of attitude prevents people for getting another, better paying job, or performance based raises and bonuses in their current job. And they often wonder why.

Doesn't matter if the para legal fell down on the job. The attny is ultimately responsible for the actions of every person that works for him.