Revised Confirmation Proceedings.

[mrobinette]

We received an email from the trustee. We are about 2 months from being done with our Chapter 13 according to the website, which is very exciting. I am pasting what we just received today. Unfortunately our attorney is no longer a practicing attorney, so we don't have one.

What is this? What do I need to do??

UNITED

STATES BANKRUPTCY COURT
SOUTHERN

DISTRICT OF OHIO
EASTERN

DIVISION
In

Re: Case No.
Chapter

l3
Judge
AGREED ORDER REOTIIRING DEBTOR TO RESOLVE TRUSTEE'S
OBJECTION TO CONFIRMATION

(DOC. ). SETTING DEADLINES AI\D
CONTINUING THE CONFIRMATION HEARING
This

matter is before the Court pursuant to an Order Setting a Hearing to Consider
Confirmation of

the Debtor's Chapter 13 Plan. The Chapter 13 Trustee, Frank M. Pees
("Trustee"),

was represented by Attorney Debtor was represented by
Attomey

The Parties agreed to the following:
1. The

Debtor shall have until midnight (EST) on to
resolve

all the issues set forth in the Trustee's Objection to Confirmation filed
on

(Doc. ) as updated on the Trustee's Docketing Website
at

http : I I dockets.ch 1 3. org.
2. If

the Debtor fails to resolve all the issues as set forth in Paragraph One the
Trustee is authorized

to file a Report to Court setting forth Debtor's failure to
comply

with this Order and submit an Order of Dismissal. Upon filing of the
Trustee's

Report to Court and proposed Order of Dismissal, this case may be
dismissed

without further notice or hearing.
3.

If the Debtor resolves all the issues as set forth in Paragraph One a
Confirmation

Hearing will be held on this matter on
at

1:00 P.M. in the United States Bankruptcy Court, 170 North High Street,
Columbus,

Ohio 43215, Courtroom C.
IT

IS SO ORDERED.
/s/ Don

Mains (0001 391) For Frank M. Pees
Frank

M. Pees
Chapter

13 Trustee
130

East Wilson Bridge Road
Suite

200
Worthington, OH

43085
Tel: (614)

436-6700
Fax:

(614) 436-0190
Email:

trustee@ch1 3.org
lsl-
Copies

to: All Filing Parties
###




2nd Document:



Revised Confirmation Procedures for Judge Preston

The Chapter 13 Trustee, Frank M. Pees, together with Judge Preston’s Chambers, has instituted new confirmation procedures, effective for the March 3, 2016 confirmation docket, to expedite the hearings and to provide an alternative to the attendance now required by counsel. A copy of these procedures can be found on Trustee Pees’ website at www.ch13.org

• For cases where deficiencies have not been cured 10 days prior to confirmation and the notation on the docketing website is “0 To be heard unless the parties submit an Agreed Order setting deadlines…”, it will now be possible to enter into an Agreed Order prior to the pre-hearing status conference. In order to do so, the terms of such Agreed Order must be agreed upon between debtor(s)’ counsel and the Trustee by noon on the Tuesday preceding the Thursday confirmation hearing. If agreed upon, the Trustee will upload the Agreed Order and debtor(s)’ counsel will not be required to attend the pre-hearing status conference. (Attached please find a template of the Agreed Order for your review).
• • If there is a pending creditor objection, the creditor must agree to a continuance and that agreement must be communicated to the Trustee.

• There is no requirement to enter into the Agreed Order. If debtor(s)’ counsel and the Trustee do not enter into an Agreed Order by noon on the Tuesday preceding the Thursday confirmation hearing, the parties must appear at the pre-hearing status conference held before the confirmation hearing. As a curtesy, if you do not wish to enter into the Agreed Order on a given case, please advise the Trustee by noon on the Tuesday preceding the Thursday confirmation hearing so the Trustee can advise the Court that a hearing will be necessary.

• For cases where the only remaining impediment to confirmation is a pending creditor objection (usually noted as a “4” on the docketing website), unless otherwise noted in the docketing website, both debtor(s)’ counsel and creditor’s counsel must appear at the confirmation hearing as the court will hold a pre-trial on the creditor’s objection. If the creditor’s objection is resolved, please notify the case administrator by noon on the Tuesday prior to the confirmation hearing so that the Court can be advised that a pre-trial is not necessary.

• For cases where the notation on the docketing website is “6 Trustee requests dismissal…” and debtor(s)’ counsel does not oppose dismissal of the case, debtor(s)’ counsel can email the case administrator approval of the dismissal by noon on the Tuesday preceding the Thursday confirmation hearing, thereby waiving the need for his/her appearance at the pre-confirmation status conference. The case will be coded as “Unopposed dismissal” on the docketing website, and the Trustee’s office will upload the dismissal order after the confirmation hearing.

• For cases coded as a “7 To be continued if objecting creditor agrees……”, the cases can be rescheduled upon request from debtor(s)’ counsel if the request specifically states the objecting creditor agrees to the continuance. Requests for continuances should be received by the case administrator by noon on the Tuesday preceding the Thursday confirmation hearing in order to waive appearances at the pre-confirmation status conference.

• For cases where the notation on the docketing website is “8 for time to toll,” it is not necessary for counsel to appear at the status conference or confirmation hearing. An order rescheduling the confirmation hearing will be uploaded by the Trustee to the Court, and the confirmation hearing will be rescheduled until the next confirmation docket. The new confirmation date will be reflected on the docketing website.

Please consult the docketing website, [email protected] after the notice of final disposition has been posted on the Court’s website, https://www.ohsb.uscourts.gov/Judges/Preston4.aspx, for the final disposition of your case.

If you have any questions, please contact your case administrator.

[LadyInTheRed]

The first document reads as if your plan was not confirmed, which doesn't make sense if you are at the end of the plan unless you petitioned to amend your plan and this has to do with the amended plan. If your plan was never actually confirmed, your attorney really dropped the ball.

The important document is:

the Trustee's Objection to Confirmation filed
on

(Doc. )



When was that document filed and what does it say?

If you don't figure out what is going on and don't hire a new attorney before the hearing date, then you should show up at the hearing and tell the judge about the situation with your attorney.

The second document is not specific to your case but is information regarding your judge's procedures for plan confirmations.

[mrobinette]

It is a blank document if there aren't any objections to the discharge is my understanding. I don't understand the second doc. What do I need to do with that info?

[LadyInTheRed]

That is a general document regarding Judge Preston's cases confirmation hearing procedures effective March 3rd. Without knowing more about your situation, it is impossible to know if and how it applies to you.

What you posted doesn't seem to have anything to do with objections to discharge. It has to do with an unconfirmed plan.

AGREED ORDER REOTIIRING DEBTOR TO RESOLVE TRUSTEE'S
OBJECTION TO CONFIRMATION

I don't now what "Reotiiring" is supposed to be. Seems like a cut and paste problem. Is it "ordering"? It sounds like either your plan was never confirmed (which would be odd at this point), or you submitted an amended plan and the trustee objected to the confirmation. If the issues raised in paragraph 1 of the trustee's objection are not resolved by the date indicated in the document you received, then the trustee can file a report saying so and your case will be dismissed. That means you would not get your discharge. This is all from reading what you posted above. But, there aren't enough details to understand exactly what is going on. You may want to call the trustees office and see what they can tell you, besides "ask your attorney", which very well may be what they will tell you.

Below is the description of the document you apparently need to respond to:
all the issues set forth in the Trustee's Objection to Confirmation filed
on

(Doc. ) as updated on the Trustee's Docketing Website
at

[159515951]

You'll probably get better/more responses if you post that letter in a readable format. That said, it appears to be notifying you of a deadline to resolve the Trustee's objections. You need an attorney.