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Motion for authority to incur debt in ch 13 before=20
Peter M. Lively, JD, MBA
The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tue, April 26, 2011 7:27:13 PM
Subject: Re: [cdcbaa] Motion for authority to incur debt in ch 13 before
confirmation
The debtor using the form Ch13 plan is proposing to not incur debt, outside the
ordinary course of business,above $500 without court approval. Therefore,
debtor should get court approval.Form3015-1.17 is mandatory and can't be
altered but debtor could insert "NA" in the space for confirmed and attached a
declaraiton, perhaps. Regarding financing, the budget (J) presumable shows the
lease payment and replace that with purchase payment of equal amount,from a
financing company or other source, would not alter the plan terms (unlessstepped up the payments in the plan as of the end of the lease).
Peter M. Lively, JD, MBA
The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tue, April 26, 2011 3:30:30 PM
Subject: [cdcbaa] Motion for authority to incur debt in ch 13 before
confirmation
Do the debtors need to file F3015 Motion for authority to incur debt?
1. The confirmation hearing is not until sept. 2011
2. The auto lease is expiring and the debtor wants to purchase the car, and the
debtor can obtain a loan against deferred compensation.
I am confused because the Local Form F 3015 seems to predicate upon confirmation
having been already done. Maybe I could just amend the plan after the facts?
Peter M. Lively, JD, MBA
The Personal Financial Law Center * Culver City & Costa Mesa * 800-307-DEBT
From: P L <petermlively2000@yahoo.com>To: cdcbaa@yahoogroups.comSent: Tue, April 26, 2011 7:27:13 PMSubject: Re: [cdcbaa] Motion for authority to incur debt in ch 13 before confirmation
The debtor using the form Ch13 plan is proposing to not incur debt, outside the ordinary course of business, above $500 without court approval. Therefore, debtor should get court approval. Form 3015-1.17 is mandatory and can't be altered but debtor could insert "NA" in the space for confirmed and attached a declaraiton, perhaps. Regarding financing, the budget (J) presumable shows the lease payment and replace that with purchase payment of equal amount, from a financing company or other source, would not alter the plan terms (unless debtor stepped up the payments in the plan as of the end of the lease).
Peter M. Lively, JD, MBA
The Personal Financial Law Center * Culver City & Costa Mesa * 800-307-DEBT
From: Jaenam Coe <jaenamcoe@yahoo.com>To: cdcbaa@yahoogroups.comSent: Tue, April 26, 2011 3:30:30 PMSubject: [cdcbaa] Motion for authority to incur debt in ch 13 before confirmation
Do the debtors need to file F3015 Motion for authority to incur debt?1. The confirmation hearing is not until sept. 20112. The auto lease is expiring and the debtor wants to purchase the car, and the debtor can obtain a loan against deferred compensation.I am confused because the Local Form F 3015 seems to predicate upon confirmation having been already done. Maybe I could just amend the plan after the facts?
The post was migrated from Yahoo.
The debtor using the form Ch13 plan is proposing to not incur debt, outside the
ordinary course of business,above $500 without court approval. Therefore,
debtor should get court approval.Form3015-1.17 is mandatory and can't be
altered but debtor could insert "NA" in the space for confirmed and attached a
declaraiton, perhaps. Regarding financing, the budget (J) presumable shows the
lease payment and replace that with purchase payment of equal amount,from a
financing company or other source, would not alter the plan terms (unlessstepped up the payments in the plan as of the end of the lease).
Peter M. Lively, JD, MBA
The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tue, April 26, 2011 3:30:30 PM
Subject: [cdcbaa] Motion for authority to incur debt in ch 13 before
confirmation
Do the debtors need to file F3015 Motion for authority to incur debt?
1. The confirmation hearing is not until sept. 2011
2. The auto lease is expiring and the debtor wants to purchase the car, and the
debtor can obtain a loan against deferred compensation.
I am confused because the Local Form F 3015 seems to predicate upon confirmation
having been already done. Maybe I could just amend the plan after the facts?
The debtor using the form Ch13 plan is proposing to not incur debt, outside the ordinary course of business, above $500 without court approval. Therefore, debtor should get court approval. Form 3015-1.17 is mandatory and can't be altered but debtor could insert "NA" in the space for confirmed and attached a declaraiton, perhaps. Regarding financing, the budget (J) presumable shows the lease payment and replace that with purchase payment of equal amount, from a financing company or other source, would not alter the plan terms (unless debtor stepped up the payments in the plan as of the end of the lease).
Peter M. Lively, JD, MBA
The Personal Financial Law Center * Culver City & Costa Mesa * 800-307-DEBT
From: Jaenam Coe <jaenamcoe@yahoo.com>To: cdcbaa@yahoogroups.comSent: Tue, April 26, 2011 3:30:30 PMSubject: [cdcbaa] Motion for authority to incur debt in ch 13 before confirmation
Do the debtors need to file F3015 Motion for authority to incur debt?1. The confirmation hearing is not until sept. 20112. The auto lease is expiring and the debtor wants to purchase the car, and the debtor can obtain a loan against deferred compensation.I am confused because the Local Form F 3015 seems to predicate upon confirmation having been already done. Maybe I could just amend the plan after the facts?
The post was migrated from Yahoo.