Question about confirmation hearing

[insomniac]

Hello Everyone,

As I understand it, we are set to confirm next week (the 12th). I haven't received any notice, however of this event. The lawyer says my attendance isn't mandatory. Is that true? It seems like something I should be going to.

Also - If for some reason the case isn't confirmed, are there other hearings? We've met most of the objections from the Trustee, but are digging up receipts and other proof for some expenses he's balking at. With such short notice, I'm not sure we have enough time to gather receipts for gas expenses, etc... My wife and I spend over 500 month on fuel cost, but hadn't been asked to provide proof until now. All I will be able to give is about 2 weeks worth. If he sees a pattern will that be acceptable?

[optimistic1]

The 341 meeting of the creditors should be the only thing you are required to attend to. As far as your fuel costs go, you might need to show a little more than just two weeks.

[justbroke]

Since you are represented by a lawyer, your presence is not required at the confirmation hearing. As a matter of fact, if you have no other evidentiary hearings where you need to testify (or otherwise be present for), then you never need to enter the courtroom.

Unfortunately, we pro se filers have to attend all hearings, both evidentiary and non-evidentiary.

Also - If for some reason the case isn't confirmed, are there other hearings? We've met most of the objections from the Trustee, but are digging up receipts and other proof for some expenses he's balking at. With such short notice, I'm not sure we have enough time to gather receipts for gas expenses, etc... My wife and I spend over 500 month on fuel cost, but hadn't been asked to provide proof until now. All I will be able to give is about 2 weeks worth. If he sees a pattern will that be acceptable?

If you are not confirmed at the first confirmation hearing, it will be continued to a later date. You also need not attend the continued confirmation hearing, unless your lawyer needs you there... but that's unlikely.

In Florida, it seems that the first confirmation hearing is always continued. This is because Florida follows the technical aspects of the BK code and the confirmation hearing must be scheduled withing 90 days of the filing of the petition. They just continue the hearing automatically.

Florida's method is pretty smart, as they wait until 30 days after the claims bar date (the date in which all unsecured claims must be received) before confirming. This prevents post-confirmation litigation on claims objections. Very smart.

As for your fuel receipts, the Trustee usually likes to see a broader view of the cost over time. Two weeks could just indicate a spike recently, and not a pattern which spreads over a season or calendar year.