Should I be hopeful??

[michele71]

Confimation is on the 11th which means 3 business days. The trustee hasnt filed anything on pace-the only thing recent was the order my lawye submitted to be an admin claim and the judge signed it.

So I havent heard anything more from the trustees office since I filed the paperwork they requested. Do those of you who already confirmed know if I would have heard something by now if there was going to be a change in terms or payments than originally filed with my plan or any delay in confirming us????

[justbroke]

So I havent heard anything more from the trustees office since I filed the paperwork they requested. Do those of you who already confirmed know if I would have heard something by now if there was going to be a change in terms or payments than originally filed with my plan or any delay in confirming us????

Well, confirmation is just a hearing and allows the judge to quickly review the case and see that everything is in order (including that your plan payments are up to date).

The confirmation order is written by the Trustee and that document probably won't be ready for signature for another week. It's that document which may change the terms of your plan, and supersedes your plan.

My order of confirmation was $100/month more than my plan. I'm fighting that now.

[michele71]

so justbroke....does the judge decide if the plan is sufficient or is it the trustee?? I am confused now. I thought at the confirmation hearing the trustee submits the plan for approval and the judge just reviews and signs off.....I am confused. Are you saying that the trustee hasnt really looked into the plan until after the confirm hearing

[justbroke]

so justbroke....does the judge decide if the plan is sufficient or is it the trustee?? I am confused now. I thought at the confirmation hearing the trustee submits the plan for approval and the judge just reviews and signs off.....I am confused. Are you saying that the trustee hasnt really looked into the plan until after the confirm hearing

Actually, the Trustee and your creditors decide if they like the plan. If they have no objection, then they let it go to the Judge.

If they object, then the Judge acts as referee and will either confirm the plan, or deny confirmation. You, and your lawyer, are given a chance to make any changes and then go back before the judge to get it approved.

In most cases, the Judge just rubber stamps the confirmation order, because it is actually written by the Trustee. However, the Judge can override the Trustee and make the Trustee accept certain conditions.

[michele71]

so since you have been through this --- anyone actually lol. There have been no objections filed since 341. The only thing that has happened since then is that today the judge approved the order for the attorney fees to be paid as an admin claim. Should I be hopeful that there may not be any objections?

[justbroke]

Objections to Confirmation just don't happen that often in Chapter 13s, unless your lawyer and the Trustee just can't communicate.

What I'm saying, is that it is quite obvious to me, that lawyers and Trustees (and even Judges) enjoy a professional adversarial relationship, but at the same time, understand that it's in everyone's best interest for the case to get confirmed!

Now that I wrote that, the only time it becomes contentious is when there is new caselaw to be made, a new Trustee or debtor attorney in town, or just plain sillyness.

But, that's just me.

[michele71]

ok so anyone who can answer---since it is so close to the scheduled confirmation date is it safe to say that my submitted plan will be what sticks since we are only 2 days away?

[justbroke]

ok so anyone who can answer---since it is so close to the scheduled confirmation date is it safe to say that my submitted plan will be what sticks since we are only 2 days away?

You usually don't get an objection that close to the hearing date. Generally, Courts want objections far before a hearing so that the respondent can file a response!

I would guess that you're not getting a written objection. Nothing would stop the Trustee from saying you're behind payment and verbally objecting to confirmation at the hearing.

[michele71]

I am not sure what you mean by "Nothing would stop the Trustee from saying you're behind payment and verbally objecting to confirmation at the hearing. "

I have made all payments on time and am current. Is that what you are talking about???

[justbroke]

I am not sure what you mean by "Nothing would stop the Trustee from saying you're behind payment and verbally objecting to confirmation at the hearing. "

I have made all payments on time and am current. Is that what you are talking about???

Yes, that's what I'm talking about.

[michele71]

lol--blonde moment---i think i was asleep when i read your reply this morning ---i just understood what you rote PPPFFFTTT. thanks