CH 11: after plan, DS, and ballots served, I noticed an error on the Plan. Suggestions on how to fix?
Posted: Fri Feb 28, 2014 9:46 pm
Holly,
You can do whatever the Judge will allow. But, if you change the treatment of creditors in a way that the court considers a further impairment, the court can require revoting. If you treat the creditors better than stated in the mistyped plan, you do not need to revote.
Make an exparte motion to amend the plan. Tell the judge the ds and exhibits made it clear the ed was later than 14 days. Cross your fingers and hope the court does not make you revote.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Feb 27, 2014, at 9:01 PM, Holly Roark wrote:
>
> Yes, the ED is later than 14 days after the confirmation. It says so in the Disclosure Statement and in all the exhibits to the Plan. I just neglected to cross out that language in the preprinted (hyphen?) plan on page 8.
>
> So are you saying I have to send out the entire package again? But first I have to file an ex parte to fix this? And probably ask for all new dates as well?
>
>
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
> *By State Bar of California Board of Legal Specialization
>
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
>> On Thu, Feb 27, 2014 at 8:58 PM, cdcbaa wrote:
>>
>> Sorry, what did I misread. Is the ED at a later time than 14 days after confirmation?
>>
>> If so you have to revote.
>>
>> d
>>
>> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
>>
>>
>>> On Feb 27, 2014, at 8:35 PM, Holly Roark wrote:
>>>
>>>
>>> It's definitely NOT moving up the date.
>>>
>>> Holly Roark
>>> Certified Bankruptcy Specialist*
>>> holly@roarklawoffices.com **primary email address**
>>> www.roarklawoffices.com
>>> Central District of California
>>> Consumer Bankruptcy Attorney
>>> 1875 Century Park East, Suite 600
>>> Los Angeles, CA 90067
>>> T (310) 553-2600
>>> F (310) 553-2601
>>> *By State Bar of California Board of Legal Specialization
>>>
>>>
>>>
>>> **For a quicker response, email me at holly@roarklawoffices.com.
>>> I only use gmail for my listservs, and am likely to miss private emails
>>> directed to my gmail account.**
>>>
>>>
>>>
>>>> On Thu, Feb 27, 2014 at 8:13 PM, cdcbaa wrote:
>>>>
>>>> file an exparte motion to amend the plan to change the effective date. If you are moving up the date, you are not impairing anyone, so the court will grant it.
>>>>
>>>> d
>>>>
>>>> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
>>>>
>>>>
>>>>> On Feb 27, 2014, at 8:01 PM, Holly Roark wrote:
>>>>>
>>>>
>>>>>
>>>>> The Disclosure Statement clearly spells out when we'd like the Effective Date to be (which is our proposed date for all creditors to be paid in full in a lump sum) but unfortunately my Second Amended Plan (the one that was served on creditors) has a different date (the form says 2 weeks after confirmation.) In my prior versions of the plan I was careful to cross that out and put my own date, but I totally missed it on the Second Amended Plan. This is the one everyone is voting on. What do I do to fix this? In a Chapter 13 I would ask to interlineate the change at the hearing but I am not sure whether I can do that here.
>>>>>
>>>>> FYI, several attachments to the Second Amended Plan refer to the right Effective Date; it's just the form plan language that I forgot to cross out. Any ideas on how to address this with the Court? It's PC in the CDCA.
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Holly Roark
>>>>> Certified Bankruptcy Specialist*
>>>>> holly@roarklawoffices.com **primary email address**
>>>>> www.roarklawoffices.com
>>>>> Central District of California
>>>>> Consumer Bankruptcy Attorney
>>>>> 1875 Century Park East, Suite 600
>>>>> Los Angeles, CA 90067
>>>>> T (310) 553-2600
>>>>> F (310) 553-2601
>>>>> *By State Bar of California Board of Legal Specialization
>>>>>
>>>>>
>>>>>
>>>>> **For a quicker response, email me at holly@roarklawoffices.com.
>>>>> I only use gmail for my listservs, and am likely to miss private emails
>>>>> directed to my gmail account.**
>>>>>
>>>>
>>>
>>
>
>
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