Confirmation "not" recommended

[andy158]

Hearing is exactly 10 days away and I got a letter from the trustee stating that she does not recommend the confirmation due to the following:

....the trustee is without information and belief as to whether the debtors are current on on-going direct-paid secured and personal property lease claims.......debtors to provide trustee evidence of such payments, including the amount and date before confirmation can be recommended.

Called lawyer 3x and he hasn't returned calls. Is this something I should be doing or is it the lawyer's duty? All payments are current and I do have check numbers and dates mailed. I have reciepts for the payments made on line.

[justbroke]

Your lawyer would be doing this, and should have received the Trustee's notice. It reads like you're going to be paying your secured debt outside the plan and the Trustee isn't sure that you're current on those items. It would be quite simple to provide evidence that you're current.

Work with your attorney on this.

[andy158]

Thanks Justbroke. Yes I am paying six secured items outside the plan. Getting through to my lawyer is becoming more difficult though. He must have one heck of a case load.

[justbroke]

Try showing up, un-announced, at his office. But only if that's convenient for you. I would like to add though, that things that may seem urgent to you, usually aren't in the Bankruptcy process. Things don't happen overnight, so if you have only been trying to reach your attorney this week, please cut him some slack due to the holidays.

I wish you the best of luck!

[BnkrptcyLwyr]

Hearing is exactly 10 days away and I got a letter from the trustee stating that she does not recommend the confirmation due to the following:

....the trustee is without information and belief as to whether the debtors are current on on-going direct-paid secured and personal property lease claims.......debtors to provide trustee evidence of such payments, including the amount and date before confirmation can be recommended.

Called lawyer 3x and he hasn't returned calls. Is this something I should be doing or is it the lawyer's duty? All payments are current and I do have check numbers and dates mailed. I have reciepts for the payments made on line.

Not a big deal. Don't worry about it. All it means is that the Trustee is not sure that you were current on your payments prior to filing. If not, the Trustee will likely object to your making the payments directly to the creditors (practices vary between jurisdictions).

And no, don't go burning up your attorney's phone line. An objection from the Trustee is NORMAL. This is the sort of objection that's easily fixable.