A Judge Bufford Story.
Posted: Tue Feb 17, 2004 10:56 pm
Back when the Ch 13 secured limit was $350,000 I had filed a few Ch 11's
that would have been
Ch 13's except for a mortgage slightly over the limit. I mentioned this to
Judge Bufford at a conference at La Costa. He said, "In those cases why
don't you just modify the standard Ch 13 plan by crossing off Ch 13 and
putting in Ch 11?--I'd approve it." (I don't remember what he said about
the disclosure statement)
The next time I had a Ch 11 that had barely exceeded the limit, and that was
assigned to SB, I tried it. I
I filed a plan, crossed off "13" and put in "11".
Needless to say the US Trustee filed an objection stating, in so many words,
how lazy and incompetent I was for doing something so dumb. I didn't say
that Judge Bufford had suggested it.
I think Judge Bufford ruled on the Trustee's motion that I should file a
simplified plan and disclosure statement. He didn't say I could modify the
standard Ch 13 plan. Or maybe the client fired me, I really can't remember.
Andrew Smyth
The post was migrated from Yahoo.