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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31022
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am currently at the point of confirmation of my chapter 13

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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?

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 and other Bankruptcy Law Specialists are ready to help you
No problem, Ron. It you need anything else, please let me know.