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cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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I received an objection to my 13 plan for Violation of the

Customer Question

I received an objection to my 13 plan for Violation of the feasibility provisions of 11 U.S.C. §1325(a)(6) - Objection filed to preserve the rights of the Chapter 13 Trustee. I originally filed chap 7 in 2009 but filed 13 to stop foreclosure, the creditors are coming back after the previously discharged debt. I'm not eligible for discharge, How do I file a motion to reopen my chapt 7 case and convert the 13 to the 7? Is this possible? Then file an adverse proceeding for fraud and violations of TILA?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 1 year ago.

cortrightlaw : You do not have to reopen the chapter 7 and those creditors who were discharged in that proceeding can not collect on that debt in your new chapter 13. Your current chapter 13 should only be used to restructure you secured mortgage payments that are currently delinquent. Since the mortgage payments must be paid on full you are not requesting a discharge. As to the objection some chapter 13 trustees file those on all case just to protec their rights to object if they find out that am objection is warranted.
Customer:

My mortgage is one of the countrywide /bofa in all the court cases including the 43 trillion in NY. I am doing all this pro se, I only know about the objection because I have a pacer account the objection in the mail yet, and the confireved the objection in the mail yet, and the confirmation hearing is scheduled for 2/13

cortrightlaw : It is just a procedural issue and hopefully your meeting with the trustee goes fine and he recommends confirmation. The issue with the bad b of a loans is well known and documented but were I oractice in California it has been a waste of time for consumers to purse them.
Customer:

so at this time I just go to the hearing and don't respond?, I haven't received the objection in the mail yet. it said something about 5 days before the court date, but how is that possible? if the objection wasn't filed until 2/4

cortrightlaw : Did the trustee list any specific details about his objection?
Customer:

The cause for this objection is as
follows:
Violation of the feasibility provisions of 11 U.S.C. §1325(a)(6) - Objection
filed to preserve the rights of the Chapter 13 Trustee. Debtor filed an extension
to file Schedule and Plan, so meeting of creditors will be held on February 19,
2013, which is after the original confirmation hearing date of February 13,
2013.

cortrightlaw : Have you filed all of your schedules now?
Customer:

i originally filed a motion to extend the automatic stay and the plan due date and the meeting of creditors the judge approved the extension of stay, the new plan date, however, the trustee would not reschedule the 341 meeting. I attended the 341 meeting and after waiting til the 2nd to the last case called, he decided to rescheduled the 341 on 2/19. yes all schedules are filed

cortrightlaw : If you had not previously done so his object would make sense as he would not be able to evaluate if your repayment plan was feasible, generally speaking do you have enough income to support the plan.
Customer:

yes, i filed the mortgage as being unsecured no one showed to the original 1/15 341 meeting, and the mortgage has not filed anything against the schedules

Customer:

i should have ojbected in the 341 to his rescheduling, but was afraid to, however the creditors did not attend and now they have a second chance to attend

cortrightlaw : Sounds like the trustee is a little frustrated by your case. Just be ready to backup your ability to answer questions regarding your income and expenses demonstrating that you are able to make your proposed plan payment that must be enough to pay back your past due secured mortgage at 100%
cortrightlaw : That really is not relevant and the mortgage is still a secured creditor if you are trying to keep the ho
Customer:

that isn't included in the plan, because of the fraud involved with the refi, the original 360k mortgage now according to mortgage a amount of 560K

cortrightlaw : home
Customer:

so the judge asked why i was fighthing, I told him I didn't want the house free, but I didn't think the bank should get it free after I've paid on it for 9 years

cortrightlaw : Unfortunately you are probably fighting a losing battle, you are going to have to pay the mortgage or let the home go.
Customer:

The judge mentioned filing an adverse proceeding but I'm not sure what to do next, just attend the 2/13 hearing and see how it plays out? Then attend the 341 meeting on 2/19 and then file the adverse proceeding? Its hard to understand the order of filing things

cortrightlaw : If you are talking about an adversary proceeding to avoid the mortgage based upon mortgage procedural issues again you are fighting a losing battle which would be very difficult even for one of us bankruptcy lawyers and again the courts have been disallowing similar claims consistently
Customer:

Maybe your right its time to thow in the towel, but I feel if we don't stand up to these banksters and continue to let them take advantage of hard working people, none of us will own a home and all be renting. Thanks for your insight, God Bless!!

cortrightlaw : Good luck
cortrightlaw : Please take the time to rate my response on your quick
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
cortrightlaw and 3 other Bankruptcy Law Specialists are ready to help you

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