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Update - Motion to Dismiss Hearing

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deedee1

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?PA
My husband had his Motion to Dismiss Hearing -- after 2 hours of testimony from husband and accountant from trustee's office (a prior IRS agent), the judge said he didn't know what to do. A couple interesting points: 1. The judge said he was surprised the trustee did not bring up my (spouse) salary even though only my husband filed. 2. Our lawyer was surprised the trustee did not bring up the % my husband puts in the 401K to match employer contribution. Two big mistakes.

Judge has asked attorneys to prepare briefs (great -- even more $$$) and asked the trustee to come up with a Chapter 13 plan because from what he heard, he doesn't know how my husband could fund it. Lawyer says it will take several months before a decision is made. My husband's vehicle is dying fast (12 yrs old/180,000 miles) and will need another one before much longer. Would it be wise to get it now or hold off? He wouldn't be able to get one so I would have to get it with him making payments to me.
 



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