Are Ch 13's always like this?

[readytoscream]

What is the name of your state? TX

I am curious as to the "normal" or "standard" trustee procedures. We had barely filed a Ch 13 at the first of July, and already the trustee was filing for a dismissal, claiming that he did not have our tax returns, and that we had to have insurance on our business.

We in turn sent him all our tax returns (again) and release forms for our place of business. We were told at that time that everything was fine. Four days later, we got another notice that the dismissal hearing would still be held as now they couldnt' find our projected income and May's bank statement. This too was all sent again, both by fax and by mail. We were again told that it was taken care of now.

Four days ago, we again received a notice on the dismissal hearing scheduled for this coming Thursday, this time it is now due to "unsigned" tax returns. All the returns were filed electronically for the past three years. The IRS figures agree with our figures. I have also faxed the same forms, this time with our signatures on them.

I guess what I am wondering, are Trustees always this "picky"? Is it due to the large volume of cases being filed? We have heard again and again how many people don't follow through on their cases, and end up giving up. I am beginning to see why, after the past few months. It is very frustrating to have to send and resend the same info time and time again. Does it get "easier" the farther into you are?

 

[Ladynred]

I don't know about 'getting easier', they don't call Ch 13 the true debtor's prison without reason

Not ALL Trustees are the same, sounds like you've got one that IS picky and maybe disorganized to boot. Lots of people e-file these days, I've done it for the last 10 years, although originally it was thru H&R Block, it was still electronic, no signatures on the forms the IRS got. I would simply explain that to the Trustee and the court at the hearing.

70% of all Ch 13's fail, and that's under the current law. The new law is going to make Ch 13 VERY painful indeed, so don't give up, whatever you do. You don't want to get stuck under the new law. Ch 13 requires that you make significant changes in your lifestyle to make the Plan work. Many people just can't do it, they find it too hard, or they lose their jobs and wind up converting to a Ch 7.

 

[readytoscream]

I don't plan on giving up, believe me, it's just that this is getting to be as much as a pain as the creditors calling all the time.......*sigh*

I have done mine electronically for nine years now, we just started filing together for the past three years, so his are only electronic from that point.

I'm just beginning to get the feeling that no matter what we do, the Trustee wants us to fail at this. I have tried to explain that if they are having us take time off work, drive over 100 miles round trip each and every time, etc we are not even going to be able to afford it as it is. Instead of understanding, it seems as if they keep finding more things to nit-pick.

Just getting very frustrated!! I do thank you for your reply though, it did help a little!

 

[Ladynred]

I can well understand that. The Trustee's are not on your side, they're on the creditors side all the way. Just keep ALL your documentation handy and ready to hand over if the court or the Trustee wants more or yet another copy. As long as you keep giving him what he wants, he'll have nothing to dimiss your case for.

The hard part is getting to the point where your Plan gets confirmed - once you're over that hurdle, things should settle down.