Please is this possible!!!????

[bkrelief22]

Please tell me this is true...we filed ch 13 on 10/22
341 was 12/12 and no objections
Confirmation hearing is scheduled for Jan. 13

I just checked pacer and it said confirmation order 12/24/08

Is this really possible for the plan to be confirmed before the confirmation hearing????



Thanks for your help

bk22

[justbroke]

is the Confirmation Order on the Docket (History/Documents)? If so, did you open it and read the PDF file to see if it's an "Order of Confirmation" with your plan all spelled out?

Otherwise, it may be a Praecipe for Confirmation.. some District Trustee's use these just before confirmation to indicate what is necessary to obtain confirmation.

[AngelinaCat]

Some districts also require counsel to submit proposed orders to the court. That way, all the judge has to do is to pick the appropriate order and sign it. Saves them having to do any work themselves.

Good luck, and Merry Christmas!

[justbroke]

Some districts also require counsel to submit proposed orders to the court. That way, all the judge has to do is to pick the appropriate order and sign it. Saves them having to do any work themselves.

Boy do I know this. I had to write almost all my orders.

I noticed that the Trustee writes the Order of Confirmation though, at least in my District.

[AngelinaCat]

We have had one of those proposed orders get past the judge, if he or she is signing a large stack of papers, to where a proposed judgment actually got posted in one of our cases before we even had the hearing! Fortunately, we were able to telephone, and submit a letter to the judge asking "What is this??" and got it overturned.

[justbroke]

We have had one of those proposed orders get past the judge, if he or she is signing a large stack of papers, to where a proposed judgment actually got posted in one of our cases before we even had the hearing! Fortunately, we were able to telephone, and submit a letter to the judge asking "What is this??" and got it overturned.

This happens way too often. I had one slip by the judge (it was my motion and order) but there was a negative notice on it. What happened was that the court went by my motion and not the 30 day negative notice.

Of course, the creditor's attorney caught this and motioned to vacate the order (with success)!

Vacating Orders seems way too easy.

[bkrelief22]

It is an order confirming the plan. The judge DID sign it and the seal is on it also. It also said for the trustee to dispuse the funds according to the plan and adjust with the creditors as necessary.

So, is this possible, or is it a mistake? Can they do this before the actual hearing??

Thanks everyone!