Should I be worried

[Granny]

My original plan was never confirmed. An amended plan was filed on 05/03/07 with a reduced payment. A Motion to Dismiss for Failure to Confirm was filed on 02/20/087 and is scheduled for tomorrow. The new plan has not yet been confirmed, should I be concerned or is this something that will be resolved tomorrow?

Also, I overnighted my new reduced payment and it was signed for on Sunday but has not yet posted to NDC. Should I be concerned about this? The payment is due on the 19th, the post office delivered it to the PO Box on the 19th and it was signed for on the 20th. Could they be holding it waiting for confirmation?

Thanks

Granny

[lrprn]

My original plan was never confirmed. An amended plan was filed on 05/03/07 with a reduced payment. A Motion to Dismiss for Failure to Confirm was filed on 02/20/07 and is scheduled for tomorrow. The new plan has not yet been confirmed, should I be concerned or is this something that will be resolved tomorrow?

Granny, can you share more about the purpose of the date tomorrow? Is it to have a court hearing that you and your lawyer will attend to discuss the new plan? Or maybe it's to discuss the old plan?

Also, I overnighted my new reduced payment and it was signed for on Sunday but has not yet posted to NDC. Should I be concerned about this? The payment is due on the 19th, the post office delivered it to the PO Box on the 19th and it was signed for on the 20th. Could they be holding it waiting for confirmation?

Can't speak for your trustee or his staff, but ours doesn't get our monthly Ch 13 payment posted to his website on NDC for 3-4 days, sometimes a week, after we pay it.

Good luck - we are all rooting for everything to go well for you, Granny! Be sure to let us know what happens tomorrow, ok?

[Granny]

Granny, can you share more about the purpose of the date tomorrow? Is it to have a court hearing that you and your lawyer will attend to discuss the new plan? Or maybe it's to discuss the old plan?

I tried to cut and paste parts of the document, but apparently my version of Adobe won't let me do that.

The document is titled "Motion to Dismiss Chapter 13 Case or In The Alternative Reduce Attorney Fees for Failure to Confirm and Notice of Hearing Thereon"

The documents contains this info:
"This case should be dismissed or in the alternative attorney fees reduced for one or more of the following causes:

X Failure to Obtain Confirmation

X Confirmation has been denied

Wherefore, your trustee prays that after notice and hearing, this Chapter 13 case be dismissed or in the alternative reduce attorney fees."

Page 2 is the Notice of Hearing

"You are notified of the filing of the foregoing Motion of Trustee to Dismiss Chapter 13 case for reason(s) therein stated. A pre-hearing conference on the Trustee Motion will be held on Thu May 24, 2007 at address. Motions not resolved/defaulted at the pre-hearing conference will be held by the court at 2:00 pm on the same day at address. You do not have to attend the pre-hearing conference or hearing unless you oppose dismissal of the case."

This is the document that the trustee filed after no one attended the original pre-hearing conference. I had fired attorney #1 and attorney #2 had not filed anything with the court indicating that he had been retained and he did not attend the confirmation hearing.

The original plan was never confirmed, the confirmation hearing never happened and I've never heard of any objections (except the ones I have). The amended plan was filed on 05/03/07 and I have heard nothing since then, except the attorney mailed me a copy of the amended plan with 4 legal sized pages reduced to fit to one sheet of 8.5 x 11 in. (Infuriated me, why bother to even mail it and it wasn't even in an envelope, it was folded and stapled). To my knowledge and according to Pacer, another confirmation hearing has never been scheduled and the plan remains unconfirmed.

NDC indicates that attorney #1 has been paid 1099.23 and is paid at 100%. The plan has been entered into NDC but it still showing as not confirmed. I'm sure most of this info comes from the amended plan.

At this late date, I can't get a sitter, so I will have to take my granddaughter with me but I can't attend the court time if that is required because I have to pick up my grandson from school and court is 45 miles from his school.

I've emailed that attorney, but who knows if I will hear from them. I guess at this point, I go in the morning and hope it is resolved before the afternoon court time.

Any comments will be appreciated.

Granny

[Granny]

Update

Legal assistant emailed this reply

"No you do not need to be there. The hearing has been passed until 7.26.07,
which is when confirmation will be reset to."

Shouldn't something show on Pacer that this has been passed?

[CindyLou]

yes, pacer should show it. I would call the clerk of court and see if they can confirm what she is telling you.....OR ask the legal assistant to send you a copy of the the contiuation!!

[Granny]

Good luck - we are all rooting for everything to go well for you, Granny! Be sure to let us know what happens tomorrow, ok?

Nothing ever showed up on Pacer so I called the trustee's office this morning to confirm what the legal assistant emailed me. According to the trustee's rep, there was a hearing but it was "passed" until July 26. Why can't they just do that kind of stuff early and get it posted to Pacer so we know what is going on????

I was told that it will show up on Pacer in a few days. Well, that's just great. What if I hadn't emailed the attorney, what if the attorney had dropped the ball again...how would I have known what is going on? I could have ended up dismissed.

Very frustrating!!!!