Copyright © 2012 James M. Wyman, Chapter 13 Trustee. All Rights Reserved

NOTES ON MOTIONS TO RECONSIDER AND CONFIRMATIONS

Regarding motions to reconsider dismissal: All funds required to bring the case current must be received by this office no later than five (5) days prior to the hearing. The hearing notes will indicate any funds still due to date, and any other objections that the Trustee has to the motion. If we know that the hearing will be contested, we will list that in the hearing notes. In any others, we will not be able to determine which of these will be contested until the date of the hearing, because the debtor must be present. All withdrawals on the day of the hearing will be heard by the Judge.

Regarding confirmations: We will no longer routinely agree to 10 day orders for documents requested but not produced – we will ask for the dismissal of the case pursuant to Local Rule 3015-2(b) (see http://www.scb.uscourts.gov/localrules.html ). Included in the documents that will need to be produced will be an amended budget showing the ability to afford the payment, if the plan is amended and the plan payment exceeds the “monthly net income” on Schedule J. We will object to confirmation of any plan which is not affordable according to the Schedules.

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