Ridiculous Trustee Objections - What Happened
By Jonathan Ginsberg, Atlanta Bankruptcy Attorney on Oct 17, 2007 in Chapter 13 Bankruptcy, Georgia
Back on October 3, 2007, I wrote a post called “Chapter 13 Trustees Sink to New Level of Absurdity” in which I discussed some of the objections I had received in one of my Chapter 13 cases. One objection was an objection to a $15 expense for recreation and the second was an objection to a food and an apparel budget allocation that was less than what the IRS permits in its pro forma budget.
The case is coming up for confirmation and I am in negotiation with the assistant trustee. The assistant trustee responsible for confirmation is not the same trustee who handled the 341 hearing. The confirmation trustee has been around a little and has injected a little common sense into the process.
With regard to the $15 recreation expense objection, the trustee withdrew her objection without any comment.
With regard to the food and the apparel expense objections, the trustee withdrew and commented “I would not have objected to these.”
The lessons we can all learn:
- Chapter 13 trustees can and will issue ridiculous objections
- When negotiating with the trustee, make your point clearly and respectfully. Use blogs like this to rant
- Younger and newer assistant trustees are obviously being taught to object first and ask questions later. This seems consistent with the philosophical shift in the trustee’s office that was discussed eloquently by Judge Cristol in his testimony before Congress
My case is still not confirmed, but I’m knocking down the objections one by one.
If you liked that post, then try these...
"Step Plan" Puts Additional Responsibilites on Debtors by Jonathan Ginsberg, Atlanta Bankruptcy Attorney
Preparing Your Chapter 13 Budget--Part Three by Däna Wilkinson, Attorney at Law
Bankruptcy and Credit Unions: Part 4 – Your Options in a Chapter 13 by Peter Orville, Attorney at Law
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