Confirmation Hearing and other questions

[Granny]

How many chances do the creditors get to object to a confirmation?

My original hearing was scheduled for 02/15/07. There were no objections filed. However, no one attended the hearing so I was not confirmed and I received a "Motion to Dismiss". Today on Pacer is another "Notice of Hearing on Confirmation of Debtor's Chapter 13 Plan and Motion for Valuation". The hearing is scheduled for 07/26/07. Does this mean I have to hold my breath again for another 2 months waiting for someone to object?

Another question....Hubby is listed as a creditor in my case. Since hubby didn't file with me, can he object to the treatment of one of the secured claims that he had co-signed? The attorney can't comprehend an amortization schedule and has me paying twice for some of this particular secured debt. I am paying an additional $3,000 because the attorney wrote it up wrong and was offended when I tried to point it out. The good side to this is, according to NDC, the debt is listed correctly by the creditor, it's just the scheduled amount that is wrong. What figure does the trustee use, the claim amount or the scheduled amount or the higher of the two.

Final question...what happens when the IRS doesn't file a claim for all the taxes or files an incomplete claim, but I am certain that I owe more than they claimed? Can I contact them directly since apparently, the attorney is not going to do so?


I know this was a lot in one post, but my head is spinning once again from all of this. Thanks for any input.

[HHM]

On the issue of what value the Trustee uses...the Trustee goes off of "filed" claims, NOT scheduled. Thus, you need to be vigilant of the filed claims to make sure they are accurate (i.e. if they say you owe more than you think you do, you file and Objection to Claim, if they say you owe less than you think you do, you do nothing, )

On the issue of confirmation....what do you mean "no one attended". The only person who is required to attend is the Trustee. Your confirmation hearing would not have been continued simply because no creditor attended.

The IRS gets 180 days to file their claim.

Also, "objections", by creditors, are rare in a chapter 13. The only creditors that would even consider objections are secured creditors whom you owe arrears to and your plan does not adequately compensate that creditor. If the trustee had issues, you would know by now (i.e. Motion to Dismiss).

[Granny]

[QUOTE=HHM;92964]On the issue of what value the Trustee uses...the Trustee goes off of "filed" claims, NOT scheduled. Thus, you need to be vigilant of the filed claims to make sure they are accurate (i.e. if they say you owe more than you think you do, you file and Objection to Claim, if they say you owe less than you think you do, you do nothing, )[quote]

Attorney #1 filed a claim on behalf of one of the secured creditors, the one who is causing me so much grief. The creditor filed their own claim and the attorney claim was never removed, should I contect this?

On the issue of confirmation....what do you mean "no one attended". The only person who is required to attend is the Trustee. Your confirmation hearing would not have been continued simply because no creditor attended.

This was after I fired attorney #1 and attorney #2 had not notified the court he was the attorney of record. So no attorney was in contact with the trustee. Therefore the trustee filed a motion to dismiss.

The IRS gets 180 days to file their claim.

The IRS has filed a claim for 2004 taxes that are already paid. The 2005 return was processed after I filed and the refund from 2005 paid the 2004 taxes. The IRS is still sitting on the balance due from 2005. Because they received notice of the bk that indicated that I owed 7,800 but they can't figure out what for. I scheduled 7,800 because there are other taxes owed for which I am responsible (business taxes) but the IRS has not made the connection. I am electing to pay these off through the BK. Somebody has to tell the IRS that I am responsible.

Also, "objections", by creditors, are rare in a chapter 13. The only creditors that would even consider objections are secured creditors whom you owe arrears to and your plan does not adequately compensate that creditor. If the trustee had issues, you would know by now (i.e. Motion to Dismiss).

I'm concerned about this because apparently, the trustee mailed a notice to each and every one of the creditors again. And I am concerned because I am still overpaying that one secured claim by 3k and I am hoping there is still a chance to correct this. This is in addition to the claim referenced above filed by attorney #1, which is listed in NDC as a claim filed.

Since I don't trust the current attorney to get any of this right, what can I do to work directly with the trustee to ensure that all will be paid correctly?

[HHM]

Ok, I remember now...regarding your confirmation fiasco...

In any event, late filed claims (even by the IRS) are barred. If the IRS does not file a claim in a chapter 13, that debt should be discharged (assuming your chapter 13 receives a discharge)

As for objections, yes, your creditors will get a 2nd bite of the Apple to object...but the deadline for filing claims is based on your 1st scheduled confirmation hearing (so I would assume the deadline for filing claims may have already passed).

I may have slightly missed spoke earlier...the trustee goes off of "filed" claims to determine what the trustee will "actually" pay to creditors; however, your plan payment and length is usually based on scheduled claims. But, if you overpay into the plan, you get a refund at the end.