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Withdrawal of opposition to TMD in Chapter 13?

Posted: Mon Apr 09, 2012 5:46 pm
by Yahoo Bot

If you filed an opposition then I would either withdraw the opposition or plan on appearing at the hearing. You might ask the court and trustee for dismissal without a bar to refilling - which is what normally happens. If the motion to dismiss states "dismissal or conversion to chapter 7" then it could be either one and you should discuss with the trustee and/or attend the hearing.
Link Schrader, Attorney
Law Office of Link W. Schrader

The post was migrated from Yahoo.

Withdrawal of opposition to TMD in Chapter 13?

Posted: Mon Apr 09, 2012 5:44 pm
by Yahoo Bot

charsetF-8;
format="flowed"
Why not just file a Debtor's Request for Voluntary Dismissal of Chapter
13 Case on the mandatory local form and save yourself the headache?
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
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On Mon, 9 Apr 2012 17:39:38 -0700, Jason Wallach wrote:
More than a year into a confirmed Chapter 13, debtor
fell behind and Trustee made Trustee Motion to Dismiss ("TMD"). We
initially filed opposition and got a hearing date, but now see there is
no way out, and expect dismissal. Hearing is still two weeks away.
Is it either mandatory or good form to file a "withdrawal of
opposition"? (or is it just a waste of time).
Is there any chance that the case would be converted to Chapter 7
(which trustee didn't ask for, we don't want, and won't do any good).
Judge is MT.
Jason
Jason Wallach
jwallach@gladstonemichel.com
start="555nctifjjwg@webmail.mysuperpageshosting.com"
charsetF-8
p{margin: 0;padding: 0;}Why not just file a Debtor's Request
for Voluntary Dismissal of Chapter 13 Case on the mandatory local form and save
yourself the headache?
Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief
Agency"50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805)
497-5868 (805) 497-5864 (Facsimile)NOTICE TO RECIPIENT: THIS E-MAIL IS
MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS
COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL
IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY
RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN
ADVANCE FOR YOUR COOPERATION.
On Mon, 9 Apr 2012 17:39:38 -0700, Jason Wallach
<jwallach@gladstonemichel.com> wrote:

The post was migrated from Yahoo.

Withdrawal of opposition to TMD in Chapter 13?

Posted: Mon Apr 09, 2012 5:39 pm
by Yahoo Bot

More than a year into a confirmed Chapter 13, debtor fell behind and Trustee made Trustee Motion to Dismiss ("TMD"). We initially filed opposition and got a hearing date, but now see there is no way out, and expect dismissal. Hearing is still two weeks away.
Is it either mandatory or good form to file a "withdrawal of opposition"? (or is it just a waste of time).
Is there any chance that the case would be converted to Chapter 7 (which trustee didn't ask for, we don't want, and won't do any good).
Judge is MT.
Jason
Jason Wallach
jwallach@gladstonemichel.com

The post was migrated from Yahoo.