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Confirmation hearing FL

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    Confirmation hearing FL

    Hello justbroke and others. It’s been a while. Not a whole lot has happened other than the trustee asking for a plan modification to include step up payments after a 401k loan is paid off in 2025. My first confirmation meeting scheduled for next week. Is it possible to get the plan approved on the first hearing? Or this is just one of many meetings? Thanks!!

    #2
    Just to clarify. This is not the initial confirmation meeting. That meeting happened back in November. FL is different frim
    other states.

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      #3
      Not for Florida. I truly like and appreciate the Florida Bankruptcy Court's methodology for confirmation hearings. You'll have an Initial Confirmation Hearing within the period required under the bankruptcy rules. That first hearing is just a status hearing to see where they are and whether you're paying the Trustee. They'll then set a Final Confirmation Hearing about 90 days later. Florida likes for the claims bar date to have passed, plus another 30 days, before having a Final Confirmation hearing. Florida also likes for any motions to have been determined prior to (or at) the Final Confirmation hearing.

      If your case is not ready for confirmation, based on the Florida rules, on that Final Confirmation Hearing date, they'll continue the Final Confirmation Hearing to another date around 30 days out.

      To answer your question, whether or not your first Final Confirmation Hearing will result in confirmation will depend entirely on the complexity and status of your case. Confirmation does not affect your need to continue to make your monthly (or periodic) payments to the Trustee, or your end date.

      If you are represented by an attorney, you don't even need to attend. Most of Florida, and especially the Middle District, uses the so-called Rocket-Docket for confirmation hearings. The debtor attorney meets with the Trustee or his/her attorneys prior to going on the record. They hammer out what needs to be done to confirm. The Trustee will either say "okay to confirm" or "continue... and need this done" during that meeting. The court will go into session some time later where the judge comes in. The cases are then "read into" the record. This is why it's called the rocket docket because most issues are dealt with before the cases are called. It's incredible to watch.

      Again, if represented do not attend. If you are not represented you must attend.
      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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