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    #16
    Originally posted by MajorMike View Post
    IRPRN, My attorney told me point blank that 95% percent of his cases get confirmed at the 341.
    This is likely a local custom in your court. The Ch 13 trustee and the lawyers don't go through the formal confirmation hearing because they've been discussing the case ahead of the 341. But this is not the usual practice in most courts.

    If you read the Ch 13 portion of the bk law, it specifically includes the confirmation hearing as a part of the Ch 13 process. Your court is just cutting corners by using the "good ole boy/girl network", that's all

    It's very risky to assume that just because your lawyer or your court does something a certain way, everyone's does. Absolutely not true.
    Last edited by lrprn; 09-19-2007, 05:46 AM.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #17
      I just found this online but damn, I didn't get the link. I just pasted it.

      "If no objections to confirmation are filed at least five (5) business days prior to or at the continued 341 meeting, a confirmation hearing will be held immediately following the continued 341 meeting."
      Here's the link, MajorMike - http://www.prb.uscourts.gov/genorders/GO95-20ATT1.htm

      Just as I said - a local court custom, in this case, in Puerto Rico
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #18
        I spoke to my attorney today and he said it's not just in his district, but it happens more often then you think. The trustees have too many cases in certain states and they'd rather just confirm and get on with it.
        Filed: October 1, 2007 341: December 10, 2007
        CONFIRMED: December 10, 2007
        Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

        Comment


          #19
          Originally posted by MajorMike View Post
          I just found this online but damn, I didn't get the link. I just pasted it.

          "If no objections to confirmation are filed at least five (5) business days prior to or at the continued 341 meeting, a confirmation hearing will be held immediately following the continued 341 meeting."
          I notice it says "continued 341" I wonder if that means the original 341 had been continued so that the confirmation hearing is actually taking place at a later time than the original 341 would have taken place?
          Chapter 7 Pro Se....Discharged Feb. 2006

          Comment


            #20
            No,he said it's right after the 341 on the same day. He said that right after I have my 341, he goes right into confirmation immediately after.
            Filed: October 1, 2007 341: December 10, 2007
            CONFIRMED: December 10, 2007
            Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

            Comment


              #21
              Originally posted by MajorMike View Post
              No,he said it's right after the 341 on the same day. He said that right after I have my 341, he goes right into confirmation immediately after.
              Ok, we get it, MM. In YOUR local court, the lawyers do the Ch 13 confirmation hearing right after their 341 meetings. We believe you.

              And we've also established that this is NOT the norm in most other districts who hold the Ch 13 confirmation hearing a few weeks after the 341 meeting.

              End of discussion. Let's move on.
              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

              06/01/06 - Filed Ch 13
              06/28/06 - 341 Meeting
              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
              10/05/06 - Hearing to resolve 2 trustee objections
              01/24/07 - Judge dismisses mortgage company objection
              09/27/07 - Confirmed at last!
              06/10/11 - Trustee confirms all payments made
              08/10/11 - DISCHARGED !

              10/02/11 - CASE CLOSED
              Countdown: 60 months paid, 0 months to go

              Comment


                #22
                What is the problem IRPRN? I was responding to cindylynn. You said that it DOESN'T HAPPEN. I am saying it does in certain courts. You get so upset when you're wrong....
                You said right here NOT EVER.

                "MM, Ch 13s are not ever confirmed at the 341 - only at the confirmation hearing which follows the 341 meeting about 3-6 weeks later. "

                and that's not true.
                Filed: October 1, 2007 341: December 10, 2007
                CONFIRMED: December 10, 2007
                Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

                Comment


                  #23
                  Originally posted by MajorMike View Post
                  What is the problem IRPRN?
                  You've stated the same thing several times in this thread. We've heard you. I've already agreed twice that in your local court confirmation happens as a part of the 341. Why do you feel the need to keep repeating it? THAT'S what I'm asking you to stop doing. Please do not post regarding this again.
                  I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                  06/01/06 - Filed Ch 13
                  06/28/06 - 341 Meeting
                  07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                  10/05/06 - Hearing to resolve 2 trustee objections
                  01/24/07 - Judge dismisses mortgage company objection
                  09/27/07 - Confirmed at last!
                  06/10/11 - Trustee confirms all payments made
                  08/10/11 - DISCHARGED !

                  10/02/11 - CASE CLOSED
                  Countdown: 60 months paid, 0 months to go

                  Comment

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