The following information has been taken directly from the United States Bankruptcy Court's website. We encourage you to read it for legal background on Wogen's failed attempts to file Chapter 13 in 2002-2003 and 2003-2004. Remember, in both instances the trustee asked that the case be dismissed and the court agreed because the debtors (the Wogens) did not abide by the terms of the plan.
"Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years...."
".....By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time....."
".....In order to complete the Official Bankruptcy Forms that make up the petition, statement of financial affairs, and schedules, the debtor must compile the following information:
1. A list of all creditors and the amounts and nature of their claims;
2. The source, amount, and frequency of the debtor's income;
3. A list of all of the debtor's property; and
4. A detailed list of the debtor's monthly living expenses, i.e., food, clothing, shelter, utilities, taxes, transportation, medicine, etc....."
".....When an individual files a chapter 13 petition, an impartial trustee is appointed to administer the case. 11 U.S.C. § 1302. In some districts, the U.S. trustee or bankruptcy administrator (2) appoints a standing trustee to serve in all chapter 13 cases. 28 U.S.C. § 586(b). The chapter 13 trustee both evaluates the case and serves as a disbursing agent, collecting payments from the debtor and making distributions to creditors. 11 U.S.C. § 1302(b)....."
"....Filing the petition under chapter 13 'automatically stays' (stops) most collection actions against the debtor or the debtor's property. 11 U.S.C. § 362. Filing the petition does not, however, stay certain types of actions listed under 11 U.S.C. § 362(b), and the stay may be effective only for a short time in some situations....."
".....Within 30 days after filing the bankruptcy case, even if the plan has not yet been approved by the court, the debtor must start making plan payments to the trustee. 11 U.S.C. § 1326(a)(1)....."
".....The provisions of a confirmed plan bind the debtor and each creditor. 11 U.S.C. § 1327. Once the court confirms the plan, the debtor must make the plan succeed. The debtor must make regular payments to the trustee either directly or through payroll deduction, which will require adjustment to living on a fixed budget for a prolonged period. Furthermore, while confirmation of the plan entitles the debtor to retain property as long as payments are made, the debtor may not incur new debt without consulting the trustee, because additional debt may compromise the debtor's ability to complete the plan. 11 U.S.C. §§ 1305(c), 1322(a)(1), 1327....."
".....In any event, if the debtor fails to make the payments due under the confirmed plan, the court may dismiss the case or convert it to a liquidation case under chapter 7 of the Bankruptcy Code. 11 U.S.C. § 1307(c)....."
Source: Chapter 13 Bankruptcy Basics
"Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years...."
".....By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time....."
".....In order to complete the Official Bankruptcy Forms that make up the petition, statement of financial affairs, and schedules, the debtor must compile the following information:
1. A list of all creditors and the amounts and nature of their claims;
2. The source, amount, and frequency of the debtor's income;
3. A list of all of the debtor's property; and
4. A detailed list of the debtor's monthly living expenses, i.e., food, clothing, shelter, utilities, taxes, transportation, medicine, etc....."
".....When an individual files a chapter 13 petition, an impartial trustee is appointed to administer the case. 11 U.S.C. § 1302. In some districts, the U.S. trustee or bankruptcy administrator (2) appoints a standing trustee to serve in all chapter 13 cases. 28 U.S.C. § 586(b). The chapter 13 trustee both evaluates the case and serves as a disbursing agent, collecting payments from the debtor and making distributions to creditors. 11 U.S.C. § 1302(b)....."
"....Filing the petition under chapter 13 'automatically stays' (stops) most collection actions against the debtor or the debtor's property. 11 U.S.C. § 362. Filing the petition does not, however, stay certain types of actions listed under 11 U.S.C. § 362(b), and the stay may be effective only for a short time in some situations....."
".....Within 30 days after filing the bankruptcy case, even if the plan has not yet been approved by the court, the debtor must start making plan payments to the trustee. 11 U.S.C. § 1326(a)(1)....."
".....The provisions of a confirmed plan bind the debtor and each creditor. 11 U.S.C. § 1327. Once the court confirms the plan, the debtor must make the plan succeed. The debtor must make regular payments to the trustee either directly or through payroll deduction, which will require adjustment to living on a fixed budget for a prolonged period. Furthermore, while confirmation of the plan entitles the debtor to retain property as long as payments are made, the debtor may not incur new debt without consulting the trustee, because additional debt may compromise the debtor's ability to complete the plan. 11 U.S.C. §§ 1305(c), 1322(a)(1), 1327....."
".....In any event, if the debtor fails to make the payments due under the confirmed plan, the court may dismiss the case or convert it to a liquidation case under chapter 7 of the Bankruptcy Code. 11 U.S.C. § 1307(c)....."
Source: Chapter 13 Bankruptcy Basics
11 comments:
Stop babbling on like you know what you're talking about-
The wogen's had their bankruptcy dismissed on PURPOSE! It's so nuts that you're trying to figure out every nook and cranny of the Wogen's personal lives.
This site is turning into harrassment on your part. This web page is sick and so are you.
Stop pretending you know so much! The only way that someone who files for bankruptcy can voluntarily leave bankruptcy is through the final settlement of all accounts for which the bankruptcy offered protection.
You can't just say to the judge, "Well, thanks, but we don't really want to be bankrupt anymore." Once the court grants the petition, only the court can revoke the petition.
Your continued posts, defending Wogen, are turning you into a major embarrassment. You know the old saying? Better to be thought a fool than to speak and thereby remove all doubt?
Stop speaking, you've removed all doubt.
Clarification ...
The Bankruptcy Court will revoke the bankruptcy petition, not merely on the request of the petitioner, but upon proof that the bankruptcy plan enacted has been completed, or has been modified.
In the case of modification, a new petition is submitted to supercede the original.
In essence, short of the death of the person protected in court, the only way to have the petition revoked is by complying with the terms of the agreement.
The petitioner cannot simply ask the court to let them out of the agreement unless the agreement has been fulfilled. It's rare for a bankruptcy court to allow someone to "throw away" the protections of Chapter 13 on a whim.
Because, once Chapter 13 is no longer in play, all bets are off, and the creditors, who have been circling the carcass in the meantime, will feast.
Sorry for you, but I do know what I am talking about. I am a Wogen family member. You are the ones that are pretending to know everything! So far, you've been wrong quite a few times!
You are the only embarrassment on this site, not myself. I know the facts, you people do not.
If Wogen can lie to us about so many things, he's not above lying to his own family members.
Read the laws on bankruptcy proceedings. Ask any bankruptcy attorney. You can't go in and out of Chapter 13 on a whim.
You go in based on presenting a case to the court and to the creditors. Once the court agrees to protect you under the provisions of Chapter 13, the only way out is by satisfying the agreement, or negotiating a new agreement to amend the terms.
You don't get to go before a judge and say, "Your Honor, we know we agreed to all of this, but we'd really like to do this on our own. Thanks, but we'll take it from here."
Even if that happened (and it would the rarest of cases if it did), the creditors then would operate under the "every man for himself" policy, and would sue Wogen for anything and everything he had.
No one in his right mind, with the mortgage bank first in line under the Uniform Commercial Code, would ever leave Chapter 13 voluntarily ... not when Chapter 13 prevents the mortgage holder from doing exactly what they did to Wogen ... begin foreclosure proceedings.
Check out bankruptcyvisuals.com for a visual summary of Chapter 13 proceedings.
To: "If Wogen can lie..."
Thank you for sharing your knowledge about Chapter 13 - it's greatly appreciated!
- Wogen Watch
To anonymous family member, 8/1 3:45pm
I don't know that your statement contained any facts. So just to help us get them straight, what you're saying is that you purposely ended the bankruptcy and proceeded to pay off the debts?
Here's what the Code actually says about a "hardship discharge", available if the debtor wishes to pursue it to get out of Chapter 13 voluntarily:
"Generally, such a discharge is available only if: (1) the debtor's failure to complete plan payments is due to circumstances beyond the debtor's control and through no fault of the debtor; (2) creditors have received at least as much as they would have received in a chapter 7 liquidation case; and (3) modification of the plan is not possible. Injury or illness that precludes employment sufficient to fund even a modified plan may serve as the basis for a hardship discharge. The hardship discharge is more limited than the discharge described above and does not apply to any debts that are nondischargeable in a chapter 7 case. 11 U.S.C. § 523."
Source: http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter13.html#discharge
So, a person can voluntarily leave Chapter 13, but in so doing, they avoid any potential punishment by the Court, and also open themselves up to all creditors, who now have carte blanche to do whatever they can to get their money.
Brien
Going back over the posted "documents", the Chapter 13 protection was revoked, not by the debtor (Mr. Wogen), but by the court-appointed trustee.
That trustee, who stays in touch with the creditors and the debtor, determined that the terms of the bankruptcy were not being followed, and that the judge should terminate the Chapter 13 protections.
Based on what's been posted, the mortgage company appears to have filed a complaint with the trustee that their claims were not being satisifed.
So, despite the claims of the person who posted the first comment, it appears that the court found that Mr. Wogen did not follow the letter of the law, and thus terminated the protections afforded by the law. It was "voluntary" only to the extent that Mr. Wogen chose not to follow the plan.
Brien
Silvia,
A debtor cannot simply volunteer to leave Chapter 13 bankruptcy and go it on their own. The courts don't like it when they are used in such a willy-nilly fashion.
There is a remedy that allows a debtor who is facing hardship beyond their control to leave Chapter 13 and go it alone. I posted that section of the Code a few posts ago.
The documents posted here show that the bankruptcy trustee, who is an officer of the court, requested the removal of Chapter 13 protection because the mortgage company reported that Mr. Wogen was failing to make the payments required by the agreement.
In a case such as that, the mortgage company WANTS the Chapter 13 protection removed so that they can start foreclosure proceedings. The trustee agreed with the mortgage company, and so did the judge, who dismissed the Chapter 13 protections.
Mr. Wogen is now on his own, unprotected from whoever he may owe money to at the present time.
Brien
Brien,
Thanks for the clarifcation. I guess that's why the Wogens' were in foreclosure shortly after the dismissal (not sure which time that was) and for the court cases asking for wage garnishment, etc.
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