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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2531
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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after filing chap 13 went to trustees meeting she rejected

Resolved Question:

after filing chap 13 went to trustees meeting she rejected my plan need to resubmitt plan by 2 10 11 i need more time to renegioate my home mortgage am i able to get a continuance and how much weight does the trustee carry with the judge is he a rubber stamp or listens to each case and makean impartial decision
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 3 years ago.

Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

Your question is about apples and oranges.

Terry L. :

The plan must be approved in a reasonable time. This means you need to amend the plan (and schedules as needed) to comply with the trustee's requests to get the plan in line with the bankruptcy code, paying back creditors the appropriate amount, and demonstrating you have the means by which to do so (income vs expenses).

Terry L. :

The plan won't be confirmed if you need a loan modification in order to show that you have enough disposable income. You can request small continuances to get a plan modification filed, but you won't be given the 3-4 months to get a loan modification in most cases.

Terry L. :

The judge, will confirm a plan in nearly all cases once the trustee recommends confirmation.

Terry L. :

If there is a dispute, which the debtor feels they are correct and the trustee is wrong, the judge would rule on the matter impartially.

Terry L. :

Unfortunately, I would not see the court allowing more time to work a loan modification, since there is no guarnatee that one would be approved by the lender.

Terry L. :

Good luck, thanks for your question

Customer: replied 3 years ago.
i could not find you on this site this time dont know why i was thinking about 30 days for continuence is that a resonable request
Expert:  Terry L. replied 3 years ago.
Normally, I see 2-3 week continuances granted. If you have a special circumstance, then the judge may approve longer. Talk with the trustee first, and if they have no problem with the continuance, you should be fine.
Good luck
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2531
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you

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