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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118689
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I filed a chapter 13 bankruptcy case on December 9,2015. But

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I filed a chapter 13 bankruptcy case on December 9,2015. But as of 4/26/2016 the plan was never confirmed because the trustee rejected every plan i also had a pending lawsuit in place that was disclosed to the bankruptcy court we just didn't know when it would settle however it was disclosed, but in April it came,and I was told the BK Court would take it all to pay my debt. Ok Ididnt have a problem with that because 1. I thought it would either reduced my plan payments or it would reduce the life of my BK Plan ,but that was not the case and my attorney said my plan was still going to go up from $746.00 first 3 months and $885. the remaining 57months for two secured debts my car and my house,and he told me it could still possibly go up a little more. I told him sir I can't afford to pay anymore so I decided that plan was not feasible for me financially Because I am a single mom just trying to make it and I just could see paying more I was already struggling. so I decided to voluntarily dismiss my claim and the Judge granted the dismissal on the same day. I was told within two weeks any monies the trustee was holding would be returned so I could make arrangements with my creditors because as of that date the creditors started calling. On May 13/2016 The trustee filed a motion to reconsider order granting dismissal because I (debtor) acted in bad faith citing cases JacobsenV. Moser and Zizza V. Pappalardo I dont see how these cases are related to mines because my lawsuit was disclosed and I didnt try to manipulate anyone that's just not true. This case was closed before it was confirmed How is this possible
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The problem of not getting an acceptable plan with the trustee is something that is often a problem with a pro se bankruptcy case and why parties filing bankruptcy should at least go to legal aid for assistance. IF you have proof that the lawsuit and all of your other debts were properly included in the bankruptcy, then the trustee has no basis for arguing fraud and misrepresentation. So you need to file an objection to motion for reconsideration and you need to point out in your objection how and where the lawsuit and other items the trustee is claiming is misrepresentation or fraud were disclosed and that there was no concealment of anything in the case.
The trustee has a right to object to the court ruling dismissing and closing your case, which is what he is doing by asking for reconsideration. So you need to file an objection to the reconsideration and address each point in the motion for reconsideration raised by the trustee.
Expert:  Law Educator, Esq. replied 1 year ago.
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