Confirmation and Mortgage objection

[mummsie223]

Last day to object for confirmation was 4/22.

Confirmation hearing is today...5/5 at 9:30am.

I just got a call from lawyer's office that an objection to confirmation came through late yesterday afternoon..

Mortgage company says we are in arrears by $12k. We put on paperwork we were in arrears $1800 less than that.....$10,200. They filed an objection WAY after the deadline to file an objection.

Lawyer wants to know if I am correct in paperwork. I am not certain. Last stuff I received was December and we filed in January. I am thinking that mortgage may be right...which is ok. We didn't pay January mortgage, due to filing and not having money for it. We started paying again February and have been current since.

My thing is.....mortgage company filed objection less than 24hr from confirmation hearing and WAY past the deadline to file objection. Now, this means that the confirmation will be delayed.

Question about it was set forth on March 18 during 341. And research was supposed to be done and then recalculate the payment to the trustee. I spoke with paralegal a few times. Told me it was a wash due to a few creditors claiming less than what I thought. I let it go after being told all of this.

What does this mean? I just want the stupid thing confirmed. But, I guess it doesn't change anything and the confirmation is a formality?

GRRRRRRRRRRR

[SMinGA]

No info on how the deadline to objections works - but since the mortgage arrears is a priority debt, they can possibly update the amount at any point? Just guessing here.

Did the figure you used include January's payment? If not, is this about the amount of the discrepancy? Since you filed in January, and did not make the January payment directly, the January payment would be included in the arrears.

I'm not sure it would change your payment though - unless you were paying very little to unsecured. Or if you cannot decrease the payment to unsecured due to non-exempt asset value, 'insider' payments, etc.

[mummsie223]

The difference is exactly 1 mortgage payment. That is why I believe the mortgage company is correct. Last paperwork I had was from December and I used that number in the paperwork. I forgot to include the January payment in there....my mistake.

Just a bit miffed that they filed an objection less than 24 hours prior to the confirmation hearing. Miffed at the paralegal for not having everything correct and changed in the paperwork to reflect the mortgage arrears. This now prevents the confirmation to take place today.

If I have to pay $30/month more, so be it. I just wish this had all been taken care of in March, when we first had it brought to our attention at the 341.

Trustee had objection and that was withdrawn yesterday afternoon. I checked PACER at 3pm yesterday. No objections were there, after the trustee withdrew his.

Blindsided.

[debtinohio]

The objection will be handled by your attorney at the confirmation hearing and your plan will be modified to include the arrears payment. Your attorney has X days to modify the plan after a ruling on the objection.

[mummsie223]

Objection was sustained. Confirmation denied. Appears there is 30 days for them to file the amendment.

[debtinohio]

Objection was sustained. Confirmation denied. Appears there is 30 days for them to file the amendment.

Yup - perfect. Your attorney can now modify the plan.