I asked a question about why a trustee would object to my plan, believing that I was hiding assets.

Asked about 4 years ago - Arundel, ME

You all responded that I should get an attorney. Well, I have had one from day one, what makes people think that I did not have an attorney when the trustee will not approve the discharge? How common is the reluctance to approve and again, why would people think I was not represented?

Attorney answers (3)

  1. Dean David Paolucci

    Contributor Level 14

    Answered . People may think you are not represented because you are asking a question in this public forum as opposed to asking your own attorney. You paid the attorney, you should use him/her for questions like these.

    However, to help nudge you in the right direction, no, it is not common for Judges or Trustees to approve a plan or a discharge. There is likely something wrong with the case thast needs to be figured out between you and your attorney.

    Please check the thumbs up button below if this answer is helpful to you, thanks!

    Very truly yours,



    Dean D. Paolucci, Attorney at Law
    Select Legal, PC
    P> 800-825-7010
    E> Dean@SelectLegal.com

    www.SelectLegal.com





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  2. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . I agree. If you are asking here, we generally assume that you are not represented by counsel.

    To answer your other question, trustees will object to plans if they believe that more money should be paid into the plan. It is then up to the judge to decide if the parties cannot agree.

    [This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

  3. Norma Nodal Duenas

    Contributor Level 12

    Answered . Trustees generally will object to your bankruptcy plans for a number of reasons. Some of the reasons that a trustee may object to a Chapter 13 plan include that it does not meet the best efforts test. This means that the trustee does not believe that all of the disposable income is being contributed to the payment plan for unsecured creditors. You should consult with your attorney to determine what is the basis for the objection and to determine what needs to be modified in your plan to get it approved.

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