Motion to Modify Plan

[lolly78]

I believe there is a 21 day period for creditors to object to modifying the plan. Does anyone know when the 21 days starts? My attorney hasn't filed the motion yet, and we are exactly 21 days out from the court day. How will the creditors get a chance to object if the judge makes his ruling before the 21 days? Will the judge not rule that day?

[LadyInTheRed]

After the petition to modify is filed, the creditors will be given notice of the deadline to object. That notice must mailed at least 21 days from the deadline. The judge can ignore the deadline for creditors who are not affected by the modficiation (Federa Rule of Bankruptcy Procedure 3015(g)). If I were you, I'd call my attorney and ask when the petition will be filed.

[lolly78]

Thanks! He just emailed me and said he will file the motion tonight before midnight. I really hate last minute people.

[LadyInTheRed]

Attornies are notorious for last minute rushes!

[lolly78]

He got the motion filed yesterday and emailed me a copy at 12:02 am. It actually looked pretty convincing and there were only 2 minor mistakes that I noted. He asked for all our expenses and copies of our last 4 check stubs, just in case. I'm feeling pretty optimistic about the outcome after reading all of the Judge's opinions on other matters. Seems like he favors the debtor as long as long as they have shown good faith regarding making payments.

[LadyInTheRed]

I am sure everything will be fine. It seems that the plan was not drafted correctly and it probably should not have been confirmed in the first place. You paid priority and secured debt and a huge amount to unsecured creditors and made the plan payments for 60 months. That should be enough.

[lolly78]

Thanks LITR. I'll update you all next month when I find out the outcome!