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modification ch. 13 procedure
See LBR 9013-1(O)(4) FOR YOUR ANSWER.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
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On Mon 5/07/10 4:00 PM , "lindseybgreen" lindsey@gummandgreen.com
sent:
After filing and serving motion (no hearing necessary) to modify
plan post confirmation to decrease monthly plan payment based upon
decrease in debtor's income, Ch. 13 Trustee objects. Procedurally,
will court now set motion on its own accord or do I, as debtor's
counsel, have to set motion on court's Ch. 13 calendar? If court sets
its own motion, how long do they take to set motion and when will
motion be heard? There are plan payments coming due under the existing
confirmed plan and obviously debtor can not make these payments in the
amount under the previously confirmed plan going forward. Thus the
reason for the motion to modify the monthly plan payment downwards.
I looked at the local rules and bankruptcy code section 1329 prior
to submitting this post.
Lindsey B. Green, Esq.
Gumm & Green, LLP, Attorneys at Law
5743 Corsa Ave., Suite 111
Westlake Village, CA 91362
phone: 818 707 4233
fax: 818 707 4262
e-mail- Lindsey@gummandgreen.com [1]
Links:
[1] mailto:Lindsey@gummandgreen.com
[2] mailto:cdcbaa@yahoogroups.com?subjectmodification ch. 13
procedure
[3]
The post was migrated from Yahoo.
After filing and serving motion (no hearing necessary) to modify plan post confirmation to decrease monthly plan payment based upon decrease in debtor's income, Ch. 13 Trustee objects. Procedurally, will court now set motion on its own accord or do I, as debtor's counsel, have to set motion on court's Ch. 13 calendar? If court sets its own motion, how long do they take to set motion and when will motion be heard? There are plan payments coming due under the existing confirmed plan and obviously debtor can not make these payments in the amount under the previously confirmed plan going forward. Thus the reason for the motion to modify the monthly plan payment downwards.
I looked at the local rules and bankruptcy code section 1329 prior to submitting this post.
Lindsey B. Green, Esq.
Gumm & Green, LLP, Attorneys at Law
5743 Corsa Ave., Suite 111
Westlake Village, CA 91362
phone: 818 707 4233
fax: 818 707 4262
e-mail- Lindsey@gummandgreen.com
The post was migrated from Yahoo.