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Contesting someone else qualifying for a chapter 13(inaccurate income claim)

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stevo0650

Junior Member
Michigan
Hi,
I am interested in contesting/blocking someones chapter 13 for not meeting "sufficient disposable income".
The Chapter 13 plan was already approved 4 months ago but the income is inaccurate(doubled). They probably don't qualify for a
Chapter 13 with the proper income reported. Could one be successful contesting this or is it a waste of time?
 


Proserpina

Senior Member
Michigan
Hi,
I am interested in contesting/blocking someones chapter 13 for not meeting "sufficient disposable income".
The Chapter 13 plan was already approved 4 months ago but the income is inaccurate(doubled). They probably don't qualify for a
Chapter 13 with the proper income reported. Could one be successful contesting this or is it a waste of time?

Would you prefer them to have a Ch.7 instead?

Not that it matters much. If you had a chance 4 months ago, you should have acted then.
 

LdiJ

Senior Member
I'm trying to "angle" use this to get rid of a drug house next to me.
How do you believe that somehow derailing their Chapter 13 would get them out of the house next door to you? How would you know them well enough to know how much income they have?
 

Proserpina

Senior Member
How do you believe that somehow derailing their Chapter 13 would get them out of the house next door to you? How would you know them well enough to know how much income they have?

He doesn't understand bankruptcy, that much is clear.

OP -

The plan has already been approved. The Trustee has been monitoring, and obviously your neighbor was able to show that s/he met the requirements.

Why do you think this is your business anyway? You're nobody. You're not a creditor and you're not a party of interest. The Trustee is going to file your complaint in the circular file.
 
I'm trying to "angle" use this to get rid of a drug house next to me.
If there is a "drug house" next door call the cops.

If the Plan was Confirmed 4 months ago, the time to appeal or seek reconsideration ran long ago. At this point you can only seek to set aside a Confirmation Order pursuant to 11 USC 1330 and that must be done within 180 days after the entry of the Order Confirming. Revocation under that provision only happens if you prove that the Order confirming was "procured by fraud" which is a very high burden.

And, as Proserpina says, you must be a party-in-interest which you most likely are not.

Des.
 
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stevo0650

Junior Member
He doesn't understand bankruptcy, that much is clear.

OP -

The plan has already been approved. The Trustee has been monitoring, and obviously your neighbor was able to show that s/he met the requirements.

Why do you think this is your business anyway? You're nobody. You're not a creditor and you're not a party of interest. The Trustee is going to file your complaint in the circular file.
I don't know much about bankruptcy but the documents are all public and the income is no longer true - 60k is claimed - 30k by her and another 30k by her 2 sons. The one son is now in jail(home invasion) and the other is on a gps monitoring(confined to house) and is selling dope out of the house. Would anyone have an interest in this change of income that could end the qualification for this Chapter 13?

It's a drug house I live next to in a middle class neighborhood. They have been under police surveillance with a camera in an unmarked car. I will do anything to stop this activity.
 
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Proserpina

Senior Member
I don't know much about bankruptcy but the documents are all public and the income is no longer true - 60k is claimed - 30k by her and another 30k by her 2 sons. The one son is now in jail(home invasion) and the other is on a gps monitoring(confined to house) and is selling dope out of the house. Would anyone have an interest in this change of income that could end the qualification for this Chapter 13?
Certainly not you. A creditor is an "interested party". You are not.

It's a drug house I live next to in a middle class neighborhood. They have been under police surveillance with a camera in an unmarked car. I will do anything to stop this activity.
And what makes you think you can control the situation?
 

stevo0650

Junior Member
Certainly not you. A creditor is an "interested party". You are not.
Would the largest creditors take any action if the claimed household income is half the amount listed on the Chapter 13 approval? The plan was approved in May



And what makes you think you can control the situation?
I'm just hoping the police get probable cause from their surveillance and the social media photos I gave them. Plan B is looking for a financial resolution to this problem.
 

Proserpina

Senior Member
Would the largest creditors take any action if the claimed household income is half the amount listed on the Chapter 13 approval? The plan was approved in May
Ask the creditors.

I'm just hoping the police get probable cause from their surveillance and the social media photos I gave them. Plan B is looking for a financial resolution to this problem.
Alrighty then.
 

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