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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26565
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I am currently at the point of confirmation of my chapter 13

Resolved Question:

I am currently at the point of confirmation of my chapter 13 repayment plan, and I have handled the 341 creditors meeting pro se, but the trustee has listed my bankruptcy as an asset case where I only have one vehicle that is paid off and I live in Maryland & have claimed state exemptions regarding my vehicle (currently had to file a motion to value collateral). I wanted to know if I could file a motion for continuance so that I could get attorney, and if so, do I have to invoke a federal law or rule in my motion?
Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  Roger replied 10 months ago.

Roger : Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for requesting me.
Roger : Yes, you can request more time to file your proposed confirmation plan. To do this, you'll have to file a motion for additional time to file the plan, and stste in your motion the basis for the request.
Roger : I'm looking to see if I can find a form you could use as a go-by.
Customer: I appreciate all the help that I can get. If possible do I have to invoke an federal or state law authorizing me to file the motion or do I write it up like normal. Also, the trustee has my bankruptcy case as an asset case due to the fact that I have a 2006 dodge ram mega cab truck that was appraised by car max of laurel md at $8500 & 500 in clothing. On the schedule c I have claimed these items as exempt but the trustee has filed a motion to not allow these items to be exempt. Can I file a motion to have my case transferred/transformed into a no- asset case? By claiming the Maryland Exempts that are due to me?
Roger : You would file the motion with the bankruptcy court and you'd be governed by the bankruptcy rules of procedure. The only Maryland motion form I see is here: http://www.mdb.uscourts.gov/sites/default/files/FORMS-Sample%20Captions.pdf
Roger : There's no one specific to a motion for time to file your proposed loan.
Roger : *plan
Customer: Good. Appreciate the help.
Customer: is it possible for me once I answer the motion that the trustee filed to throw out my exemptions, to file a motion to change my case to an no asset chapter 13 case?
Roger : Yes, it's generally always possible to file motions to modify or amend filings in bankruptcy proceedings - even after confirmation.
Roger : However, you should just discuss any issues or concerns you have with an attorney and decide how ow what to do from there.
Customer: Appreciate the help. I will be requesting your service
Customer: Thanks for the service, I again appreciate it.
Roger : But, you should get a simple motion to extend the filing deadline to avoid missing it. You can state in your motion that you wish to hire counsel to assist.
Customer: Is there a web site that I can get sample motions?
Roger : It's likely best to contact the court clerks office and ask if it has forms.
Customer: Ok thanks for the info, if I have any other questions, I now know where to go for answers. Thanks again.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26565
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 4 other Bankruptcy Law Specialists are ready to help you
Expert:  Roger replied 10 months ago.
No problem, Ron. It you need anything else, please let me know.

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