Judge Johnson and Discharges in Chapter 13
Posted: Wed Jun 20, 2012 4:42 pm
Hi Nancy: We knew it was you. ) Thanks for the heads up.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wednesday, June 20, 2012 2:28 PM
Subject: Re: [cdcbaa] Judge Johnson and Discharges in Chapter 13
I am sorry. I forgot to identify myself.
Thank you,
Nancy
Nancy B. Clark
Attorney at Law
Sent from my iPhone
On Jun 20, 2012, at 2:22 PM, "nancybonaccorso" wrote:
>Hello from the wilds of Riverside. Just wanted to let you know that Judge Johnson is setting up Status Conference hearings on all cases where the debtors have filed the Section 1328(a) Certificate of Compliance. He is requiring the following:
>At least two weeks prior to the status conference, the Debtor shall file a supplementaldeclaration regarding payment of all claims which the chapter 13 plan of the Debtor provided
>would be paid by the Debtor (not the Trustee) during the duration of the plan including, for
>example, (1) claims secured by the principal residence of the Debtor which the Debtor indicated
>in class 2 of the plan would be paid directly by the Debtor to the creditor, (2) claims secured by
>other real property which the Debtor indicated in class 4 of the plan would be paid directly by the
>Debtor to the creditor, (3) claims secured by vehicles or other property which the Debtor
>indicated in paragraph VII(C) of the plan would be paid directly by the Debtor to the creditor and
>(4) any other claims which the Debtor indicated in the plan would be paid directly by the Debtor
>and not the Trustee. The supplemental declaration should state whether and when the Debtor
>made all payments to secured creditors required under the terms of the plan. Appropriate backup
>documentation should be attached to the declaration which demonstrates the payments were
>made and/or that the obligations owed to the affected creditors have been satisfied (i.e. the debt
>has been fully paid) or are now current (i.e. all arrearages have been cured).
>Failure to attend the status conference or to provide the supplemental declaration may
>result in dismissal of the case at the status conference.
>IT IS SO ORDERED.
>Enjoy!!!
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