Unfiled objection to plan confirmation=20

Yahoo Bot · Sat Jan 07, 2012 2:50 pm

I would prepare a declaration of debtor in support of confirmation or a confirmation memo with a supporting declaration and preemptively address the issues that you anticiapte the creditor might raise at the hearing, you never know for sure what the judge will do at the hearing.
Peter M. Lively, JD, MBA
The Personal Financial Law Center
A-Bankruptcy-Attorney.com
Culver City (310) 391-2400
________________________________
To: "cdcbaa@yahoogroups.com"
Cc: Nicholas Gebelt
Sent: Saturday, January 7, 2012 1:05 PM
Subject: RE: [cdcbaa] Unfiled objection to plan confirmation
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
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.
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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 shortlyafter 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
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.comand 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.

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