The first question is why? Why would you file your first Ch 13 in Riverside? /
Know that everything has to be handled the day of the 341 - so if you have any lien strips, they need to be filed so they can be heard the same day as the confirmation hearing. I have sat in court and heard the Judges say that if the case wasn't ready for confirmation, all issues handled at the 341a regarding budget, etc. then sanctions were imposed on the attorney fees. Yep, that's the way they do it in Riverside.
Know that you must be prepared to back up all of the expenses that are considered normal everywhere else, like life insurance, prepare a declaration saying the debtor is a homeowner or parent and must have this insurance. Danielson and the monthly plan payment will go up. Debtor has a long drive to work? Better make sure your declaration includes this information and attach copies of receipts for a month to prove. Better explain the out of pocket medical costs too with receipts to back it up. the expenses and increases the debtors plan payment.
Check out Danielson's website - he has a lot of forms, including his Chapter 13 Brochure for the Debtors to understand their case.
The reason 13's fail, especially in Riverside, is because the budgets are so tight that if the debtor buys anything more than beans and rice for the 3 - 5 years they will not have enough for their plan payment.
That said, there are cases confirmed. Good luck. Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal SpecializationLaw Office of Catherine Christiansen
On Tuesday, May 12, 2015 9:28 AM, "
sam@southbaybk.com [cdcbaa]" wrote:
I just filed my first chapter 13 in Riverside. It's a basic mortgage arrears case with a small amount of unsecured debt. In a new one for me, the 341 and Confirmation hearings are on the same day. Can anyone offer insight on what I can expect from that arrangement? Also any other basic tips on Mr. Danielson's procedures would be appreciated. I have seen a fair number of negative comments on this list serve concerning chapter 13s in Riverside and I am just trying to get an idea of basic do's a
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