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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 06-16-2003, 03:07 PM
johnusn
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Making a Motion


What is the name of your state? I live in GA but filed BK in AL.
I have been told I need to file a motion to vacate the remainder of my obligation (initially was 60 months but I have made several payments including paying off two vehicles 2.5 years ahead of schedule).
My attorney that convinced my to file chapter 13 has lost his license and can't practice law anymore. He was a crook and the attorney that took over his cases is about 10 years behind the times. Different story....
I feel I can prove to the Judge or Trustee or whomever I need to convince that I have more than paid out my initial obligation. The problem is I need to File A Motion for the Judge to hear my case.'
How do I file a motion so I can talk with the judge or trustee. I don't feel I need a lawyer. I have a calculator and I have the receipts of early pay-off of all my secured debts. Thank you.
  #2  
Old 06-16-2003, 03:34 PM
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Ok.. are you saying, then, that you feel you have paid off the Ch 13 early ?

Do you know what percentage you were to pay over the 60 months ? Have you met all of that ?
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Old 06-16-2003, 03:40 PM
johnusn
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Make a Motion


Thank you Ladynred (love it..).
I do feel I have paid my obligation early.

It says my plan will pay 24% of my unsecured obligations.

My contact in the Chapter 13 Trustee's office told me I need to "file a motion" to present my case to the judge. She will not tell me what they may entail. Can you tell me how or where to look to get an idea of how to File a Motion?
  #4  
Old 06-16-2003, 03:45 PM
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Location: Nashville,TN
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I'm not sure what they call the Motion when you're basically asking for an early discharge. I'll have to look for it.

However, on the following site are FREE template documents you can use for a whole assortment of Motions for bankruptcy.

[url]http://lawyerassistant.com/freeforms/#debtor[/url]
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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