Chapter 13 confirmation?

[BubbaGump]

I filed Chapter 13 BK on 8/10 in MA. The 341 meeting was held on 9/25, and I was told by the attorney that the trustee "signed off on the plan" at that time.

Should I be expecting to have to attend a confirmation hearing in court or do I just keep making the payments I've been making (2 so far) to the Trustee and get a confirmation letter in the mail?

How's this usually work?

[lrprn]

I filed Chapter 13 BK on 8/10 in MA. The 341 meeting was held on 9/25, and I was told by the attorney that the trustee "signed off on the plan" at that time.

Have you received an official letter in the mail from your bk court signed by the judge confirming your Ch 13 plan?

Should I be expecting to have to attend a confirmation hearing in court or do I just keep making the payments I've been making (2 so far) to the Trustee and get a confirmation letter in the mail?

Even if a separate confirmation hearing is held, you do not have to attend. If the plan is a "done deal", even your lawyer may not have to attend.

How's this usually work?

In a few local bk courts, the 341 and confirmation hearing are both held on the same day one after the other. In the large majority of bk courts, the 341 meeting and the confirmation hearing are held about a month apart.

Once your plan is officially confirmed, as stated you will get a confirmation order signed by your bk court judge in the mail. That's how this usually works.

[BubbaGump]

Thanks for the info. No letter from the court, and PACER has a status of "awaiting confirmation hearing" now 75 days since filing, but just over a month since the 341 meeting. Guess we'll have to see - I emailed the attorney to see if he had any further info as well, but he's been on holiday for the past week.

[justbroke]

Mine reads "Awaiting Confirmation" and I've been in Bankruptcy since last July. My Plan was confirmed in December (2008). I pay no attention to the flags.

[flower04]

If you plan is not confirmed for a while--lets say it takes 3 extra months---do you have to pay for 3 extra months at the end of your 13?

[justbroke]

No. Your plan payments actually start 30 days after you file. Unless your plan is determined to be infeasible, you should be okay.

[UpsideDownMI]

If you plan is not confirmed for a while--lets say it takes 3 extra months---do you have to pay for 3 extra months at the end of your 13?

In my district (E.D.M), pre-confirmation payments are not included in the plan length. The plan length starts after confirmation. This actually includes 5-year plans, believe it or not.

[justbroke]

In my district (E.D.M), pre-confirmation payments are not included in the plan length. The plan length starts after confirmation. This actually includes 5-year plans, believe it or not.

Interesting indeed. I know that it is technically "beginning on the date that the first payment is due under the plan". E.D. Michigan must have some strange things they do pre-confirmation or they confirm plans rather quickly. I think at least two Florida Districts don't confirm the plans until at least 30-60 days after the bar date (last date to file) for claims. This means typical plans take a minimum of 5-6 months after filing.

When a District gets into this "pre-confirmation"... not part of the plan thing... "adequate protection" becomes necessary. I wouldn't even want to think about calculating adequate protection payments and the like. I'm glad our Districts down here allow you to file a Plan which starts immediately after filing (30 days after filing). That way, you're in Plan, although not confirmed. There's nothing in the language of 1322/1325 that reads that the plan needs to be confirmed in order for the clock to start.

I know, I'm talking out loud and this dribble isn't of particular concern to the original poster. I just found the EDM District... interesting. I guess, in that District, since the Plan doesn't start until confirmed, then you could in essence provide only adequate protection payments to the secured creditors in the interim. As such, I would hate to file pro se in that District!

Now that I've thought about it, maybe it wouldn't be so bad. When you initially file, you only need to provide adequate protection until the Plan is confirmed (in that District). You could save up some money in the interim.

[UpsideDownMI]

My confirmation hearing is scheduled just a few days shy of 60 days after my filing date. I do know that a plan can be confirmed even if ojections are pending. Maybe that that helps.

From as far as I can tell, I don't believe secured creditors are paid until confirmation. As for adequate protection, so far I have only been required to provide proof of full coverage insurance to the lender for my car loan.

[justbroke]

As for adequate protection, so far I have only been required to provide proof of full coverage insurance to the lender for my car loan.

Sometimes, that counts as "adequate" protection. Sometimes, the Plan itself is adequate protection. Usually a creditor will file a motion to get adequate protection payments, if there are no payments. I need to study this EDM thing some more.

[UpsideDownMI]

I will let you know in another month. lol. I have not made a plan payment yet. I "commence" making payments per federal code this week.