.jpg)
infeasibility motion
Stella,
If there is a motion to dismiss because the plan is infeasible, you will need to respond to the motion. If the plan has not been confirmed then you can file a new plan and speak with the chapter 13 trustee to see she will withdraw the motion to dismiss. You may have to provide additional documents to the chapter 13 trustee. Or you can file a timely response to the motion to dismiss giving evidence that the new plan is feasible.
If the plan is already confirmed, then you need to modify the plan and I refer you to the local forms. I can also provide a sample of a plan modification if requested or you might find one in the documents on the CDCBAA Yahoo site.
Best,
Link Schrader, Attorney
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
The post was migrated from Yahoo.
Dear Stella,
If it's preconfirmation the trustee should let you interlineate. If it's postconfirmation you'll have to file a motion to modify the plan (see 1329(a)(1); cp. Fed. R. Bankr. Proc. 2002(a)(5). Use form F3015-1.6).
Nick
Nicholas Gebelt, Ph.D., J.D.
Certified Bankruptcy Specialist
[cid:image001.jpg@01CD0CDA.9AB46590]
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
Web: www.goodbye2debt.com
Blog: www.southerncaliforniabankruptcylawblog.com/
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the original message and all copies.
Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
The post was migrated from Yahoo.
I have to deal with a motion for infeasibility. I have to increase the plan by $21 a month for it work. I am trying to see if I can just file a declaration from the debtor agreeing to increase the payment for the balance of the plan or do I have to file a motion to modify with all the income and expneses. It seems like such a waste of time.
The post was migrated from Yahoo.