Also, after the motion to modify is granted, a supplemental fee app is
likely which will affect the percentage going to unsecured creditors, which
would seem to require another motion to modify. How do you all address
this issue? Do you wait until the plan is almost completed before doing
the motion to modify?
Thanks,
On Tue, Sep 25, 2012 at 3:28 PM, Kirk Brennan wrote:
> The local form to modify plan (Form 3015-1.6) Paragraph 6 has several
> options for "proposed modification", none of which are to change the
> percentage to unsecured creditors but keep the term and amount of payments
> the same. Is there a different form for this purpose? Or is Paragraph 6
> just left blank?
>
> Thanks,
>
>
> On Sun, Sep 23, 2012 at 3:34 PM, Dennis wrote:
>
>> **
>>
>>
>> Plan is infeasible if you do not amend and trustee, sometimes even after
>> all payments made, will move to dismiss. Trustee is required to pay
>> percentage in plan. If cannot pay, move to dismiss.
>>
>> D
>>
>>
>> Sent from my iPhone
>>
>> On Sep 20, 2012, at 5:46 PM, Kirk Brennan
>> wrote:
>>
>>
>>
>> If a plan is confirmed at a certain percentage paid to unsecured
>> creditors (e.g. 10%), but proofs of claim later come in that lower the
>> percentage (e.g. to 5%), is a motion to modify required to reflect the new
>> percentage? Or will the discharge order still be entered upon completion
>> of the plan assuming all the plan payments are made?
>>
>> Thank you!
>>
>>
>> --
>> Kirk Brennan, esq.
>> California Law Office, P.C.
>>
www.calibankruptcysite.com
>>
>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>> exclusive and confidential use of the intended recipient. If you are not
>> the intended recipient, please do not read, distribute or take action in
>> reliance on this message. If you have received this message in error,
>> please notify us immediately by return e-mail and promptly delete this
>> message and its attachments from your computer system. We do not waive
>> attorney-client or work product privilege by the transmission of this
>> message.
>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
>> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
>> be used to establish reasonable reliance on the opinion of counsel for the
>> purpose of avoiding the penalty imposed by Section 6662A of the Internal
>> Revenue Code. The firm provides reliance opinions only in formal opinion
>> letters containing the signature of a director.
>>
>>
>>
>>
>>
>
>
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
>
www.calibankruptcysite.com
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Also, after the motion to modify is granted, a supplemental fee app is likely which will affect the percentage going to unsecured creditors, which would seem to require another motion to modify. How do you all address this issue? Do you wait until the plan is almost completed before doing the motion to modify?
Thanks,On Tue, Sep 25, 2012 at 3:28 PM, Kirk Brennan <
kirkinhermosa@gmail.com> wrote:
The local form to modify plan (Form 3015-1.6) Paragraph 6 has several options for "proposed modification", none of which are to change the percentage to unsecured creditors but keep the term and amount of payments the same. Is there a different form for this purpose? Or is Paragraph 6 just left blank?
Thanks,On Sun, Sep 23, 2012 at 3:34 PM, Dennis <
easky1@yahoo.com> wrote:
Plan is infeasible if you do not amend and trustee, sometimes even after all payments made, will move to dismiss. Trustee is required to pay percentage in plan. If cannot pay, move to dismiss.
DSent from my iPhoneOn Sep 20, 2012, at 5:46 PM, Kirk Brennan <
kirkinhermosa@gmail.com> wrote:
If a plan is confirmed at a certain percentage paid to unsecured creditors (e.g. 10%), but proofs of claim later come in that lower the percentage (e.g. to 5%), is a motion to modify required to reflect the new percentage? Or will the discharge order still be entered upon completion of the plan assuming all the plan payments are made?
Thank you!-- Kirk Brennan, esq.California Law Office, P.C.
www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
-- Kirk Brennan, esq.California Law Office, P.C.
www.calibankruptcysite.comCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
-- Kirk Brennan, esq.California Law Office, P.C.
www.calibankruptcysite.comCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
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