Judge Johnson
Posted: Thu Jul 26, 2012 7:24 am
So this judge is claiming that post-petition mortgage payments, vehicle
payments, child support payments, are considered to be "under the Plan"?
I've never head of anyone doing this in another jurisdiction, but 1328(a)
does speak to the child support payments if nothing else. Given the fact
that direct payments are provided for under the Plan it makes sense that
he's entitled to require the production of such proof, though it's unduly
burdensome to require the debtor to retain copies of 60 cancelled checks
(or 36, as the case may be).
I wonder how the judge would rule on a sworn affidavit from the debtor
along with a payment history provided by the mortgage and vehicle lenders.
It would seem to reduce the burden on the debtor, provide for a more
accurate representation of the post-petition payments made, and satisfy his
inquiry.
In addition, does he require the debtor's presence in the courtroom for the
hearing? I'd think that in the case of an hourly-wage employee the
financial burden of taking another day off from work would be problematic
as well.
Have these workarounds been offered up?
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
So this judge is claiming that post-petition mortgage payments, vehicle payments, child support payments, are considered to be "under the Plan"?I've never head of anyone doing this in another jurisdiction, but 1328(a) does speak to the child support payments if nothing else. Given the fact that direct payments are provided for under the Plan it makes sense that he's entitled to require the production of such proof, though it's unduly burdensome to require the debtor to retain copies of 60 cancelled checks (or 36, as the case may be).
I wonder how the judge would rule on a sworn affidavit from the debtor along with a payment history provided by the mortgage and vehicle lenders. urate representation of the post-petition payments made, and satisfy his inquiry.
In addition, does he require the debtor's presence in the courtroom for the hearing? I'd think that in the case of an hourly-wage employee the financial burden of taking another day off from work would be problematic as well.
Have these workarounds been offered up?-------------Jay S. Fleischman, Esq.Shaev & Fleischman, LLP
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