Chapter 13 confirmation hearing - what REALLY happens?

[dizyblond]

I read all the documentation and I know the confirmation process, but what REALLY happens? Are they going to grill me? If so, what are they going to grill me on? Are they going to go over every single item in my income/expenditure statements to make sure I don't have an extra $1.75 in discretionary income?

We don't have a lot of "odd" or "unreasonable" expenditures, and we declaired Cpt 13 mainly due to medical bills. I'm really stressed and just want to be sure I'm prepared.

Anyone already gone through this? What was your experience?

Thanks

[CATCHMEIFYOUCAN]

If you have assets like a house (sold land etc) could be complicated other than than should be smooth sailing. SIMPLE questions YOU are who you are. Take a deep breath its not as bad as you imagine. Should take less than 5 minutes ! IN and OUT ! Answer questions directly usually with a yes or no.

Best of Luck, Catchmeifyoucan

[HHM]

Do you have an attorney?

Confirmation Hearings are very routine. Odds are, you will know in advance if there are any issues, i.e. the trustee would file an objection to confirmation well in advance of the confirmation hearing.

If no objection to confirmation is filed (and even if it is, you can usually work it out before the confirmation hearing), the hearing is rather simple. In fact, debtors who hire attorney's usually don't even need to attend.

[dizyblond]

No attorney -- representing ourselves -- pro se. Still can't figure out how people declaring bk can afford an attorney. Figured everyone was flat-ass broke like us. Hard to find one that will include their fees in the plan.

[CindyLou]

for chpt 13 your attorney fees are usually added into your plan resulting in no large up front fees.

[treehugger1]

In my region, it is customary to pay $1000 - $1200 + filing fees up front. The remaining attorney balance ($1500 - $1800) is included in the plan. What I find interesting is that BK 13 accounts in the region suggest the trustee makes sure they get their 10% first, the attorney gets paid second, and finally the unsecured are chipped away at. Once again, the variety in how the "payout" in BK 13 plan is administered is not consistent from region to region. in my case, I would guess it makes sense to include student loan payments in the plan if the plan is close to 100% payback. At $150K of debt with student loans included, my trustee would get $15K. Capitalism, ain't it great?

[HHM]

In my region, it is customary to pay $1000 - $1200 + filing fees up front. The remaining attorney balance ($1500 - $1800) is included in the plan. What I find interesting is that BK 13 accounts in the region suggest the trustee makes sure they get their 10% first, the attorney gets paid second, and finally the unsecured are chipped away at. Once again, the variety in how the "payout" in BK 13 plan is administered is not consistent from region to region. in my case, I would guess it makes sense to include student loan payments in the plan if the plan is close to 100% payback. At $150K of debt with student loans included, my trustee would get $15K. Capitalism, ain't it great?

JUST AN FYI, The order of who gets paid in a chapter 13 is actually set out in the BK code and BK Rules. Administrative expenses of the BK estate (i.e. your attorney's fees) always get paid first.

But you're right, it is customary for an attorney to require an upfront fee in a chapter 13, ($800-$1200) and role the remaining balance of fees into the Chapter 13 plan.

[wayne-o]

i am in tn....but my lawyer charged nothing up front....his entire fee was included in the plan....however...he got his money after 4 months...so he did not have to wait too long

[Granny]

That's one of the intersesting things about my amended plan. Attorney #2 will be paid over 60 months, not early on. I'm curious to see if the trustee changes it.

Another intersting point about my amended plan. Attorney #1 has already been paid 1K from the original plan, but the amended plan has him being paid over 60 months. I have already seen on NDC that the trustee sent him a second payment for 1K but then took it back and put it back into my account.