Order Denying Confirmation

[Granny]

02/20/07 Pacer showed "A Motion to Dismiss Chapter 13 Case Or In The Alernative Reduce Attorney Fees for Failure to Confirm and Notice of Hearing Thereon" The hearing was scheduled for May 24, 2007

Today on Pacer was "Order Denying Confirmation" with the following paragraph:

AT DALLAS IN SAID DISTRICT:

Aon the recommendation and Oral Mothin of the Chapter 13 Trustee, and/or hearing befoer the court,

IT IS ORDERED that Confirmation of the Debtor's (s') Modified Plan, dated December 20, 2006, be and the same is hereby DENIED, without prejudice

### End of Order###

APPROVED:
and it was signed by the judge.

Someone please tell me what happened here? And what's my next step?

[lrprn]

IT IS ORDERED that Confirmation of the Debtor's (s') Modified Plan, dated December 20, 2006, be and the same is hereby DENIED, without prejudice ### End of Order### APPROVED: and it was signed by the judge.

Someone please tell me what happened here? And what's my next step?

I'm not the best with legalese, Granny, but it looks like your modified plan Ch 13 that was filed right before Christmas has been dismissed by the court without prejudice, which means that after the appropriate time passes (usually about six months), you can try to file again. It may be that they knew the plan your lawyer cobbled together couldn't possibly work for five years given your family situation.

Your lawyer needs to explain this to you and explain what your best options are now. And if you aren't happy with this lawyer, it's time to go lawyer-shopping to get ready for the next round with a better lawyer. Keep us posted - hang in there - we're here for you.

[bige1030]

I don't think she can (or has to) wait 6 months to file another plan...if she does, her case could be dismissed in May at the hearing on the "Motion to Dismiss Chapter 13 Case Or In The Alternative Reduce Attorney Fees for Failure to Confirm".

[HHM]

Without more background, it is a little hard to decipher what happened here.

At a minimum, it appears the modified plan was denied confirmation. You say in your message that the hearing was not scheduled until May.

Here is what I think...

Your confirmation hearing date is usually set once the chapter 13 debtor files their petition, or at least when they file their plan. That date does not change.
So what took place a few days ago was your regularly scheduled confirmation hearing for your chapter 13 plan, and your plan was denied confirmation.

What is set for May is the Trustee's Motion to Dismiss. The Plan confirmation hearing and the trustee's motion to dismiss are two different events.

You need to get with your attorney, or get a new one, and refile a new plan ASAP.