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Motion to Dismiss and Confirmation Same Day?

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    Motion to Dismiss and Confirmation Same Day?

    My next court date is 4/8 - when I pull up the court schedule it says "Motion to Dismiss" and then the next line is "Confirmation Hearing" There are several other cases that say the same thing. The first time he issued a motion to dismiss we got a letter advising us of that - back in December. Can anyone tell me what this means?

    #2
    Sigh - I guess no-one has any idea? To give more background, our first confirmation meeting was in January. The trustee had put in a motion to dismiss because he said we did not supply further bank statements (we did). At the confirmation hearing our attorney was going to provide proof that we did, but we were adjourned because the 2nd mortgage co. objected to the lien strip the night before my hearing. In early March, there was supposed to be the adversary proceeding, but it was cancelled due to the 2nd now agreeing to the lien strip. Our second confirmation hearing was the same week, but was adjourned to 4/8. So now I am wondering if this could be the same objection he had back in January? Would we not have received notification in the mail if he had a new objection? Yes I called my attorney, he did not call back yet, I think he may be on a long-weekend vacation for the holidays. Thanks again.

    Comment


      #3
      Your question is a procedural one, that's probably why there aren't many answers.

      If the Motion was never ruled on, then it needs to be ruled on. Many courts use the "Final" confirmation hearing to address all matters that are open before the court. That way, the Court can deal with all final evidentiary matters and do everything together. At least, this is the way my District operates!

      So, everything will be dealt with at your final confirmation hearing. If your attorney already took care of the matter(s) then the motion to dismiss will be denied and then they will "move" to confirmation.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment

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