Unfiled objection to plan confirmation
Posted: Sat Jan 07, 2012 2:10 pm
No you don't.
On Jan 7, 2012 1:05 PM, "Nicholas Gebelt" wrote:
> **
>
>
> Dear Peter, ****
>
> ** **
>
> Thanks for your input. In this case, Nancy had no objections. Only the
> ex-wife and her divorce attorney did, and they were sent to me a couple of
> weeks *after * the 341, but never filed with the Court. My question is:
> If there are no written objections on file with the Court, do I need to
> file a written response? And if I do, what event code would I use, since
> there are no written objections on file with the Court to relate it to?***
> *
>
> ** **
>
> Nick****
>
> ** **
>
> Nicholas Gebelt, Ph.D., J.D.****
>
> Certified Bankruptcy Specialist****
>
> ** **
>
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> ** **
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> Law Offices of Nicholas Gebelt****
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> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com****
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> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *P L
> *Sent:* Saturday, January 07, 2012 11:18 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Unfiled objection to plan confirmation****
>
> ** **
>
> Nick,****
>
> ****
>
> 3015-1(g)(2)(B) provides for oral objection to plan confirmation at the
> 341(a), despite (g)(1)'s requirements.****
>
> ****
>
> Nancy typically files written objections shortly after the 341(a). ****
>
> ****
>
> If you can't proide your client's responses to Nancy prior to objections,
> then you will be able to file written respones with the court afterward.**
> **
>
> ****
>
> Peter M. Lively, JD, MBA****
>
> *The Personal Financial Law Center*****
>
> A-Bankruptcy-Attorney.com****
>
> Culver City (310) 391-2400****
>
> ** **
>
> *From:* Nicholas Gebelt
> *To:* "cdcbaa@yahoogroups.com"
> *Cc:* Nicholas Gebelt
> *Sent:* Friday, January 6, 2012 9:03 PM
> *Subject:* [cdcbaa] Unfiled objection to plan confirmation****
>
> ****
>
> Greetings list mates,****
>
> ****
>
> At the December 6 meeting of creditors of a Chapter 13 client, the
> clients ex-wife and her divorce attorney showed up. One again I saw the
> bards perspicuous observation about the fury of a "woman scorned" in livid
> (oops, I mean vivid) action.****
>
> ****
>
> Subsequent to the hearing I received the ex-wife's objection to plan
> confirmation - obviously produced long after the requisite seven days
> before the 341 hearing - that was sent to Nancy Curry and me, but was not
> filed with the Court. It had the wrong case number on it; so I checked,
> and it hadn't been filed under that wrong case either. ****
>
> ****
>
> The objection was clearly prepared by someone who is unfamiliar with
> bankruptcy law, and its arguments are easily refuted. However, the
> objection is rather lengthy, so it would be an unpleasant time drain to
> have to respond to it. Given that the objection was not filed with the
> Court, I am inclined to ignore it. After all, Nancy Curry is not the final
> arbiter in the matter, Judge Brand is. However, I don't want Nancy to
> assume that I think the objection has any merit and then raise an objection
> at the confirmation hearing, so I have considered sending her a response.
> Of course, since the objection wasn't filed with the Court, I wouldn't file
> the response with the Court. The confirmation hearing isn't until November
> 21 (more than one year after the petition day!).****
>
> ****
>
> Has anyone faced this sort of thing? If so, did you respond, or just
> ignore it? What happened?****
>
> ****
>
> Thanks in advance for any sage advice you can offer.****
>
> ****
>
> Nick****
>
> ****
>
> Nicholas Gebelt, Ph.D., J.D.****
>
> Certified Bankruptcy Specialist****
>
> ****
>
> [image: Description: cid:image003.jpg@01CC076B.B14D73C0]****
>
> ****
>
> 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.*
> ***
>
> ** **
>
>
No you don't.
On Jan 7, 2012 1:05 PM, "Nicholas Gebelt" <ngebelt@gebeltlaw.com> wrote:562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
Web:http://www.goodbye2debt.com/" target"_blank">www.goodbye2debt.com
Blog:http://www.southerncaliforniabankruptcylawblog.com/" target"_blank">www.southerncaliforniabankruptcylawblog.com/
We are a debt relief agency. We help people file for
bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: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
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