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    Confirmation Question

    Had my 341 on 1/11.

    Received something in the mail today that my Confirmation hearing is on 2/12.

    I thought they had 60 days to object?

    Also, I received something else the other day that the Trustee wants a copy of my 09 Tax Return? If I don't provide this by 2/12, will it hold up confirmation? I wasn't planning on filing until March, but I suppose I could do it early February.

    Also, considering I got this confirmation hearing notice, can I assume the Trustee has no objections to the plan (besides the tax return thing) ?
    Filed 11/24/09, Riding Through Mortgage
    341 on 1/11/10 (easy), Confirmed 4/26/10
    $150 for 36 months (22 of 36 made)

    #2
    Originally posted by markdel16 View Post
    Had my 341 on 1/11. Received something in the mail today that my Confirmation hearing is on 2/12. I thought they had 60 days to object?
    Your confirmation hearing is a regular part of the Ch 13 process. It's when your trustee and the court either accepts your plan as-is or states why the trustee believes it is not confirmable.

    If the latter happens, then you'll know ahead of time because your trustee will have filed an objection (or objections) to your plan before the confirmation hearing.

    Also, I received something else the other day that the Trustee wants a copy of my 09 Tax Return? If I don't provide this by 2/12, will it hold up confirmation? I wasn't planning on filing until March, but I suppose I could do it early February.
    Confirm this with your lawyer, but it's likely that your trustee just wants a copy of your filed taxes after you file them - typically before April 15. Did the letter say you had to provide your tax forms before Feb 12?

    Also, considering I got this confirmation hearing notice, can I assume the Trustee has no objections to the plan (besides the tax return thing) ?
    [/QUOTE]No, you can't assume that. All the trustee has done is provide the date for your confirmation hearing. It doesn't mean you don't have objections.

    Also your trustee asking for your 2009 tax return is not an objection. It's just your trustee informing you he/she wants your tax returns, that's all.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Irprn... I may be confused ... I thought the creditors had more time to file claims then what it appears in the above post... I suppose it may be due to the fact that all the creditors have already filed claims.
      I guess my main reason to ask is I filed 10-19-2009 & my last day to file claims is 3-8-2010.. My plan is on a interim confirmation with the confirmation date set for 3-25-10. Maybe because he is on a 3 yr plan ??
      Those who live in glass houses should not throw stones
      Chapter 13 filed 10-21-09
      Discharged 4-13-15

      Comment


        #4
        klands, confirmation hearing dates vary due to local court practices. Some local courts hold their confirmation hearings right after the 341 meeting. Most have their confirmation hearings about 30-45 days after the 341.

        The confirmation hearing date isn't tied to the time frame creditors have to file claims.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment

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