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Question Regarding Confirmation Date vs. Proof of Claim Deadline

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    Question Regarding Confirmation Date vs. Proof of Claim Deadline

    Hi everyone.
    So I reviewed our documentation.

    The Confirmation hearing date is: April 10, 2017.

    The Deadline for all creditors to file a proof of claim is: June 19, 2017.

    My question is: once we are confirmed April 10 2017, can our payment change? I ask because the Proof of Claim Deadline for all creditors is June 19 - over 2 months after the Confirmation date.

    I believe there is verbage in our documentation that states the trustee reserves the right to (do something) after the confirmation date. The "Do Something", as I recall, refers to the ability to object to the plan, or make changes; something to that effect. I will have to look for this information.

    Can you help provide insight into how the payment may change, based on these two dates?

    Thanks!

    #2
    The truth is that I don't know how the confirmation process works in Colorado. In Florida, the first confirmation hearing is known as the "Initial Confirmation Hearing" and it is always continued to at least 30 days after the last date for creditors to file a claim.

    The reasoning, at least in Florida, is that the bankruptcy rules (FRBP) require that the Chapter 13 confirmation hearing be held within 45 days of the 341 meeting, yet the creditors have until 90 days following the 341 meeting to file claims. At least Florida has chosen to not deal with the need to "Modify" a confirmed plan so quickly based on claims that have not yet been made (or at least the bar date has passed).

    I didn't have time, but Colorado Procedures are here.

    References: http://www.cob.uscourts.gov/rosania/...Procedures.pdf
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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