MANY, IF NOT MOST OF THE DEBTORS WHO FILE CHAPTER 13 BANKRUPTCY IN THE TAMPA DIVISION OF THE MIDDLE DISTRICT OF FLORIDA WILL RECEIVE AN UNFAVORABLE RECOMMENDATION ISSUED BY THE CHAPTER 13 BANKRUPTCY TRUSTEE. IF YOU RECEIVE AN UNFAVORABLE RECOMMENDATION, THERE IS NO NEED TO PANIC. THERE ARE NUMEROUS REASONS, A CHAPTER 13 BANKRUPTCY TRUSTEES WILL ISSUE AN UNFAVORABLE RECOMMENDATION, MOST OF WHICH CAN BE READILY ADDRESSED BY THE DEBTOR, OR FILER OF THE CHAPTER 13.
AMONG THE REASONS AN UNFAVORABLE RECOMMENDATION MAY BE MADE BY THE BANKRUPTCY TRUSTEE INCLUDE:
- THE TRUSTEE HAS QUESTIONS REGARDING THE DEBTOR OR DEBTORS’ INCOME. THE PAYMENT THE DEBTOR OR DEBTORS, MAKE TO THE CHAPTER 13 BANKRUPTCY TRUSTEE IS OFTEN DEPENDANT UPON THE DEBTOR’S INCOME. THE TRUSTEE MAY REQUEST PAYCHECK STUBS OR PAY INVOICES SHOWING NOT ONLY INCOME RECEIVED BEFORE FILING THE CHAPTER 13, BUT ALSO INCOME RECEIVED AFTER THE FILING OF THE CHAPTER 13. GENERALLY, ANY SPECIFIC REQUEST FOR PAYCHECK STUBS OR PAY INVOICES, WILL BE FOR THOSE RECEIVED AFTER THE FILING OF THE CHAPTER 13 BANKRUPTCY UNTIL THE CASE IS CONFIRMED BY THE BANKRUPTCY JUDGE. THE TERMS OF THE CONFIRMATION ORDER, HOWEVER, WILL REQUIRE THAT THE DEBTOR OR DEBTORS PROVIDE COPIES OF THEIR ANNUAL TAX RETURNS TO THE TRUSTEE.
IF THE TRUSTEE REQUESTS PAYCHECK STUBS OR PAY INVOICES, THEN PLEASE EMAIL SUCH INFORMATION TO jweller@wellerlegalgroup.com
- THE TRUSTEE HAS QUESTIONS ABOUT THE DEBTOR OR DEBTORS ASSETS. SOMETIMES, THE TRUSTEE MAY REQUEST THAT THE DEBTOR OBTAIN AN APPRAISAL OF CERTAIN ASSETS, SUCH AS AN AUTOMOBILE, OR OTHER PERSONAL PROPERTY. GENERALLY, OUR OFFICE HAS A LIST OF A NUMBER OF APPRAISERS WHO ARE CERTIFIED TO FURNISH APPRAISALS. THE IMPORTANT CONSIDERATION IS THAT THE APPRAISER IS A CERTIFIED APPRAISER. ALSO, THE APPRAISER MUST BE WILLING TO TESTIFY IN COURT, IF NECESSARY.
THE BANKRUPTCY TRUSTEE HAS THE AUTHORITY, AND THE DUTY, TO INVESTIGATE SUCH ISSUES AS THE DEBTOR’S INCOME, EXPENSES AND ASSETS. BY RESPONDING QUICKLY TO ANY REQUESTS BY THE TRUSTEE, WHICH ARE INVARIABLY RELEVANT TO YOUR CHAPTER 13 BANKRUPTCY, YOUR BANKRUPTCY ATTORNEY WILL BE BETTER ABLE TO REPRESENT YOU IN AN EFFICIENT MANNER, WITH MINIMAL DURESS.
ANY INFORMATION REQUESTED IN THE UNFAVORABLE RECOMMENDATION BY THE BANKRUPTCY TRUSTEE SHOULD BE, WITHIN A PERIOD OF [NUMBER OF DAYS] FROM THE DATE OF THE ISSUANCE OF THE UNFAVORABLE RECOMMENDATION, EMAILED TO jweller@wellerlegalgroup.com
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