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    Ny ch 13 -

    Filed in late August 2023 - still waiting for a 341 meeting - on Pacer three times it was adjourned - twice due to attorney - once I have no clue why. Nothing else on Pacer since early November.

    I've asked my attorney, but they have no more info. Im still making payments (the proposed amount of the payments) -

    Getting nervous my case will be dismissed -

    #2
    Just so that you know, the average Chapter 13 case takes 1 year to confirm. It's the nature of Chapter 13s. As for the adjournment of the 341 Meeting, that usually means that it is over. A "rescheduled" 341 Meeting is usually where they just push the date. It's typically to wait for paperwork, but you used the word adjournment which means completed.

    You should absolutely have had your 341 Meeting where you attend "once" to be asked questions under oath by the Chapter 13 Trustee. With all that, I'm confused.

    If this is all about the confirmation hearing... let me describe that process.

    NY may be similar to Florida so let me tell you how Florida works. The first Chapter 13 confirmation hearing, known as the initial confirmation hearing, is always continued. The push it out 30 days past the last day to file a claim. The reason they have the initial confirmation hearing is because the bankruptcy code requires there to be a confirmation hearing within so many days. They just continue this hearing until after all the claims should be filed plus 30 days.

    After that time period has elapsed, with is about 120 days from the 341 Meeting, they then work on any Chapter 13 plan issues. Plan "issues" are things like motions to determine secured status, motions to strip lien, objections to confirmation (and there will be), and others. Once all of those things are settled, the case will go to a final confirmation hearing. For Florida, that's generally somewhere between 9-12 months but generally 12 months is about average for a "complex" Chapter 13 plan to be confirmed.

    I hope that helps. Don't be nervous... this is all administrative! Keep your head down and keep making your payments on-time.
    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.

    Comment


      #3
      Thanks - I see so many cases where the 341 is about 2 months from filing, then the confirmation after that.

      yeah I'd consider my case to be "complex".

      Comment


        #4
        A 341 Meeting is generally scheduled right at filing and is typically 30-45 days from the filing date.
        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.

        Comment


          #5
          We live in upstate NY. We filed our Chapter 13 on Aug. 2, 2023. We had our 341 Meeting on Sept. 6th. Our plan was confirmed on Oct. 13th. Stay on top of your attorney.

          Comment


            #6
            I don't want to be a burden, but my stress level is high. Going on 5 months since filing. Just looking for answers good or bad...
            Im just afraid my case will get discharged for some reason.
            upstate ny here as well

            Comment

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