Length to get plan confirmed

[sassiebaz]

Yes, you are waiting for Plan confirmation. Chapter 13 is must different from a Chapter 7. In a Chapter 13, your bankruptcy stay open (pending) until you satisfy the terms of your Plan. Your Plan is what dictates what you pay to each secured creditor, priority unsecured creditor, and what the pool is for the general unsecured creditors.

Plan Confirmation is more than a mere formality. It's the acceptance of your creditors of your plan of reorganization (what you'll pay to who over what term and what percentage, etc) and/or the Court's agreement that the Plan is acceptable. Once confirmed, your Plan is basically your "contract" for the next 36-60 months.

Since you are represented by an attorney, you don't have to go to any of the confirmation hearings. Your attorney does all that for you, making sure that your plan gets approved (confirmed). You really have nothing to do but to keep making your Plan payments and don't miss any!

Justbroke~ Is there a time frame I can expect to get that confirmation?

[justbroke]

Justbroke~ Is there a time frame I can expect to get that confirmation?

This varies by District. In much of Florida, as an example, an Initial Confirmation Hearing is held within 30 days of teh 341 Meeting. However, that Initial Confirmation hearing is always continued until 30 days after the claims bar date. The claims bar date is the last date for non-governmental creditors to file claims in your case. The Court's reasoning is that they'd rather deal with a good solid Plan with all claims filed and objections dealt with prior to confirmation!

Again, this differs by District. In some Districts, the Plan is almost immediately confirmed after the 341 Meeting (noting that in a few Districts, the confirmation hearing is right after the 341 Meeting, on the same day).

[sassiebaz]

So, how would I know if I have been "confirmed"?

[justbroke]

So, how would I know if I have been "confirmed"?

There would be an Confirmation Order in PACER. There may also be a docket entry that is a Memorandum from the hearing(s) on a particular day, which would also contain information about how things were ruled on.

[lrprn]

So, how would I know if I have been "confirmed"?

What JustBroke said plus the court will snail-mail out a document signed by the judge that your case has been confirmed.

[grndmom53]

We are in Az & had our 341 for chapter 13 on 6/5 & have made 3 payments so far to the trustee. We were told it would take a few months to be confirmed. I just looked on the "13 data center" & saw that payments to secured creditors were sent on 7/31.

We can handle our monthly payement but am concerned that the trustee will raise it for some reason since we are not confirmed yet!

[justbroke]

We can handle our monthly payement but am concerned that the trustee will raise it for some reason since we are not confirmed yet!

They don't just raise it, that is... modify your Plan without notice. For now, you should just count on your payment being what it is now. If you filed with an attorney, you should have no payment issues at all.