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Chapter 13
I have a few newbie questions pertaining to a chapter 13 case. The Trustee is Kathy Dockery
1. Is there a form for a "Plan payment declaration" or do i just prepare a declaration? If I need to prepare a declaration, does anyone have a sample I can look at.
2. I have my first plan confirmation hearing the end of next week. Unfortunately my client is not providing all the documents in a timely matter, and the trustee has made a motion to dismis the case.
Do I need to do a formal response to her motion to dismiss, or do i just remedy the missing doumnets?
IS there anything else I should know prior to the confirmation hearing.
Thanks in advance,
Jonathan Leventhal
The post was migrated from Yahoo.
Thanks. This is good to know. Carolyn
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Wednesday, November 10, 2004 11:40 AM
Subject: Re: [cdcbaa] Chapter 13
Theoretically, the court may permit the use of the simplified Chapter 13 Plan in a Chapter 11 case of this nature. You still need to perform the UST requirements and get a healthy retainer.
PML
nicklambajian wrote:
My clients' chp 7 was ordered dismissed subject to converting to
another chapter prior to 11/26/04. Their secured debt is not a
problem; however, the unsecured noncontingent non-priority debt
exceeds $330,000.00 for both spouses combined.
Is the amount in 11 USC 109(e) an absolute jurisidictional amount, or
can a plan be approved since the court and teh US Trustee were aware
of the amount of unsecured debt and suggested a Chap 13?
Chap. 11 is not an option at this point.
Thanks
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Thanks. This is good to know. Carolyn
----- Original Message -----
From:
P
L
To: cdcbaa@yahoogroups.com
Sent: Wednesday, November 10, 2004 11:40
AM
Subject: Re: [cdcbaa] Chapter 13
Theoretically, the court may permit the use of the simplified
Chapter 13 Plan in a Chapter 11 case of this nature. You still need to
perform the UST requirements and get a healthy retainer.
PMLnicklambajian <
The post was migrated from Yahoo.
The jurisdictional issue of eligibility under 109(e) to a Chapter 13 has to
do with non-contingent, liquidated debt. It does not separately classify
debts that are priority. The important, and sometime saving, aspect of
109(e) is the issue of whether a debt is liquidated for eligibility purposes
regardless of a claim amount or potential amount of the creditor's claim.
If, on the day of filing, the debtor owes non-contingent, liquidated debt
over the limits then he is not eligible. But if the debt is not liquidated
or the amount is not "easily ascertainable" then it is not counted for
purposes of 109(e). Merely disputing the debt is not enough.
Look at the debts and see if there is a way of showing that some of the
unsecured debt is unliquidated. ie. Tort claims, and the like. Or maybe
they are contingent claims where the debtor is a guarantor.
Jim King
-----Original Message-----
Sent: Tuesday, November 09, 2004 11:32 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Chapter 13
My clients' chp 7 was ordered dismissed subject to converting to
another chapter prior to 11/26/04. Their secured debt is not a
problem; however, the unsecured noncontingent non-priority debt
exceeds $330,000.00 for both spouses combined.
Is the amount in 11 USC 109(e) an absolute jurisidictional amount, or
can a plan be approved since the court and teh US Trustee were aware
of the amount of unsecured debt and suggested a Chap 13?
Chap. 11 is not an option at this point.
Thanks
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a.. To visit your group on the web, go to:
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c.. Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
The
jurisdictional issue of eligibility under 109(e) to a Chapter 13 has to do with
non-contingent, liquidated debt. It does not separately classify debts
that are priority. The important, and sometime saving, aspect of109(e) is the issue of whether a debt is liquidated for eligibility purposes
regardless of a claim amount or potential amount of the creditor's
claim.
If, on
the day of filing, the debtor owes non-contingent, liquidated debt over thelimits then he is not eligible. But if the debt is not liquidated
or the amount is not "easily ascertainable" then it is not counted forpurposes of 109(e). Merely disputing the debt is not
enough.
Look
at the debts and see if there is a way of showing that some of
the unsecured debt is unliquidated. ie. Tort claims, and the
like. Or maybe they are contingent claims where the debtor is a
guarantor.
Jim
King
-----Original Message-----From: nicklambajian
[mailto:NickLambajian@aol.com]Sent: Tuesday, November 09, 2004 11:32 AMTo: cdcbaa@yahoogroups.comSubject: [cdcbaa] Chapter 13My clients' chp 7 was ordered dismissed subject to converting to another chapter prior to 11/26/04. Their secured debt is not a problem; however, the unsecured noncontingent
non-priority debt exceeds $330,000.00 for both spouses combined.Is
the amount in 11 USC 109(e) an absolute jurisidictional amount, or can a
plan be approved since the court and teh US Trustee were aware of the amount of unsecured debt and suggested a Chap 13?Chap. 11 is not an
option at this point.Thanks
The post was migrated from Yahoo.
Theoretically, the court may permit the use of the simplified Chapter 13 Plan in a Chapter 11 case of this nature. You still need to perform the UST requirements and get a healthy retainer.
PML
nicklambajian wrote:
My clients' chp 7 was ordered dismissed subject to converting to
another chapter prior to 11/26/04. Their secured debt is not a
problem; however, the unsecured noncontingent non-priority debt
exceeds $330,000.00 for both spouses combined.
Is the amount in 11 USC 109(e) an absolute jurisidictional amount, or
can a plan be approved since the court and teh US Trustee were aware
of the amount of unsecured debt and suggested a Chap 13?
Chap. 11 is not an option at this point.
Thanks
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To visit your group on the web, go to:
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To unsubscribe from this group, send an email to:
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Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
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Theoretically, the court may permit the use of the simplified Chapter 13 Plan in a Chapter 11 case of this nature. You still need to perform the UST requirements and get a healthy retainer.
PMLnicklambajian <NickLambajian@aol.com> wrote:
My clients' chp 7 was ordered dismissed subject to converting to another chapter prior to 11/26/04. Their secured debt is not a problem; however, the unsecured noncontingent non-priority debt exceeds $330,000.00 for both spouses combined.Is the amount in 11 USC 109(e) an absolute jurisidictional amount, or can a plan be approved since the court and teh US Trustee were aware of the amount of unsecured debt and suggested a Chap 13?Chap. 11 is not an option at this point.Thanks
Do you Yahoo!?
Check out the new Yahoo! Front Page. www.yahoo.com
The post was migrated from Yahoo.
My clients' chp 7 was ordered dismissed subject to converting to
another chapter prior to 11/26/04. Their secured debt is not a
problem; however, the unsecured noncontingent non-priority debt
exceeds $330,000.00 for both spouses combined.
Is the amount in 11 USC 109(e) an absolute jurisidictional amount, or
can a plan be approved since the court and teh US Trustee were aware
of the amount of unsecured debt and suggested a Chap 13?
Chap. 11 is not an option at this point.
Thanks
The post was migrated from Yahoo.