Central District Consumer Bankruptcy Attorney's Association

I agree with Patricia, but the result will depend on the judge assigned to the case. You really don't have a choice, you have to make the momod, but if it does not work, you may have to refile.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Sep 28, 2015, at 5:00 PM, patricia said patriciahsaid@yahoo.com [cdcbaa] wrote:
>
> You can file the MOMOD , suspending the $6000.00 shortfall from the step up payments, and also reducing the current plan payment in line with debtor's reduced income. You also need to file currrent I and J and a declaration by debtor explaining why he did not make the step up payments that he was supposed to and also a declaration as to his current circumstances.
> Pat Said.
>
> Patricia Said
> Attorney at Law
> 13443 McCormick Street
> Sherman Oaks, CA 91401
> (818)789-0781 fax (818)789-5820
> patriciahsaid@yahoo.com
>
>
>
>
> --------------------------------------------
> On Mon, 9/28/15, 'Hale Andrew Antico' bk.lawyer@gmail.com [cdcbaa] wrote:
>
> Subject: [cdcbaa] Ch 13 Debtor failed to adjust step-up long ago
> To: cdcbaa@yahoogroups.com
> Date: Monday, September 28, 2015, 4:29 PM
>
> Confirmed Chapter
> 13. Debtor failed to increase plan payment per order when
> they were supposed to,
> and amazingly, the trustee has not filed a motion
> to dismiss. There's a
> postconfirmation job loss, and we need to do a Motion to
> Modify to
> address the lower income. Debtors don't have a way to
> pay the $6000 difference
> that has accumulated as the PP shortfall.
>
> Other than: 1)
> dismiss-and-refile (which I don't want to do since this
> is a lien-strip case
> from a few years back); and 2) find a rich relative to catch
> them up on the
> $6000 of PP lates, is there another solution or a way to
> submit the MOMOD to fix
> this?
>
> Hale
>
>
>
>
>
>
>
>
>
>
>
>
>
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You can file the MOMOD , suspending the $6000.00 shortfall from the step up payments, and also reducing the current plan payment in line with debtor's reduced income. You also need to file currrent I and J and a declaration by debtor explaining why he did not make the step up payments that he was supposed to and also a declaration as to his current circumstances.
Pat Said.
Patricia Said
Attorney at Law
13443 McCormick Street
Sherman Oaks, CA 91401
(818)789-0781 fax (818)789-5820
patriciahsaid@yahoo.com
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On Mon, 9/28/15, 'Hale Andrew Antico' bk.lawyer@gmail.com [cdcbaa] wrote:
Subject: [cdcbaa] Ch 13 Debtor failed to adjust step-up long ago
To: cdcbaa@yahoogroups.com
Date: Monday, September 28, 2015, 4:29 PM

Confirmed Chapter
13. Debtor failed to increase plan payment per order when
they were supposed to,
and amazingly, the trustee has not filed a motion
to dismiss. There's a
postconfirmationjob loss,and we need to do a Motion to
Modify to
address the lower income. Debtors don't have a way to
pay the $6000 difference
that has accumulated asthe PPshortfall.
Other than: 1)
dismiss-and-refile (which I don't want to do since this
is a lien-strip case
from a few years back); and 2) find a rich relative to catch
them up on the
$6000 of PP lates, is there another solution or a way to
submit the MOMOD to fix
this?

Hale

The post was migrated from Yahoo.

Confirmed Chapter 13. Debtor failed to increase plan payment per order when
they were supposed to, and amazingly, the trustee has not filed a motion to
dismiss. There's a postconfirmation job loss, and we need to do a Motion to
Modify to address the lower income. Debtors don't have a way to pay the
$6000 difference that has accumulated as the PP shortfall.
Other than: 1) dismiss-and-refile (which I don't want to do since this is a
lien-strip case from a few years back); and 2) find a rich relative to catch
them up on the $6000 of PP lates, is there another solution or a way to
submit the MOMOD to fix this?

Hale
Confirmed Chapter
13. Debtor failed to increase plan payment per order when they were supposed to,
and amazingly, the trustee has not filed a motion to dismiss. There's a
postconfirmation job loss, and we need to do a Motion to Modify to
address the lower income. Debtors don't have a way to pay the $6000 difference
that has accumulated as the PP shortfall.
Other than: 1)
dismiss-and-refile (which I don't want to do since this is a lien-strip case
from a few years back); and 2) find a rich relative to catch them up on the$6000 of PP lates, is there another solution or a way to submit the MOMOD to fix
this?

Hale

The post was migrated from Yahoo.