When will i hear about obections?

[brokeNconfused]

I have my confirmation at the end of the month. I have filed a 13 and not heard of any objection yet. Will my attorney know of any objections by now? Will i get a notice by anyone in the mail? At 341 my attorney said since i filed a 13 an objection would be unlikely. is this true?

[justbroke]

I have my confirmation at the end of the month. I have filed a 13 and not heard of any objection yet.

Your confirmation is probably an "Initial Confirmation". It's basically a checkpoint. It's not the actual Plan Confirmation. I was told that confirmations take 4-5 months in a Chapter 13.

They actually wait for the claims bar date to make sure all claims are in and that there has been the chance to object to claims, file lien avoidance motions, file motions to value collateral, etc. etc.

Makes sense to me. No sense in updating your plan a million times after confirmation (if it was to occur so early).

Will my attorney know of any objections by now? Will i get a notice by anyone in the mail? At 341 my attorney said since i filed a 13 an objection would be unlikely. is this true?

You will know of any objections to your plan, because it will be served on your and/or your attorney.

Someone can object to your plan for simple things. My mortgage holder filed one because my amount of the arrearage didn't match theirs... even though I asked for a number from them and they gave me a number! Long story short... their number was wrong... so it just creates a cycle of motions and objections and responses. Waste of time if you ask me. However, the Plan is binding on both the Debtor and the Creditors, so they take it seriously. You could "modify" a creditor's rights in the Plan, and they don't notice it and object... they are then bound by the Plan!

In any event, the likelihood of an objection to a Chapter 13 plan is low unless you're not committing all your disposable income (and a creditor catchs it), or there are errors in the amounts on the Plan.

[brokeNconfused]

wow.. so how long do they get after the 341?

[justbroke]

You should have received a document titled Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors, & Deadlines right after you filed. It contains a section about your deadlines...

It will read... Deadline to File a Proof of Claim and then will have a date for all creditors (except a governmental unit). This date is set by law. It's 90 days from your first scheduled 341 meeting. So, yours should be like the end of November for all Claims to be in.

Ask your lawyer, they should give you a reasonable guess as to when your plan will have Final Confirmation.

[justbroke]

You should sign up for PACER access. That's the definitive source for where your case is. There's a sticky around here somewhere.

Just be careful in PACER. It costs $0.08 per page to view a case or case file (document). You can reasonably check your case everyday for changes, without incurring any charge.

It's only when you look at the actual "docket" (history of your case), perform a search, or view a document, that you receive a charge.

[brokeNconfused]

i signed up last night jusst waiting for the logins to be mailed. seemed confusing.

[kornellred]

Trustee objections will occur after the 341 meeting and before the confirmation hearing. There will be no confirmation hearing unless the trustee's objections have been dealt with. It is the trustee who presents the plan to the BK judge for confirmation.

Creditors can object to the plan after the confirmation hearing, but unless there is a significant undiscovered circumstance which might lead to the judge overturning the confirmation, there is precious little reason to pose an objection.

[brokeNconfused]

sooooo I would know then if the trustee was going to object to the confirmation? I dont see anything significant on the trustee website. ust getting a bit anxious...2 more weeks to go.

[kornellred]

If your 341 was on 9/04 and you have not heard from the trustee or your attorney (if you have one) by now, then chances are there are no objections at the trustee level. Your plan will most likely be confirmed at the first (and hopefully last) hearing.

Once again - creditors really need a good reason for a post-confirmation objection.

[brokeNconfused]

well i have not heard anything, but assume my attorney is taking care of any objections that have come forward. The trustee asked 3 simple questions at 341 that my attorney knew were going to be asked, but i had no idea.