How long can confirmation be stalled

[Lisamlacy]

Is there a specified amount of time that a bankruptcy must be confirmed within? In WA state. I am a creditor, the debtor filed BK on a judgement of $125k back in November of 2009 and the plan has yet to be confirmed. My lawyer says the debtors lawyer is trying to stall confirmation becuase the debtor is selling a home and is going to try to settle with me from proceeds. How long can they drag this out?? I am to the point I would rather have his piddly little BK payments than wait for the sale.

[espo1357]

Is there a specified amount of time that a bankruptcy must be confirmed within? In WA state. I am a creditor, the debtor filed BK on a judgement of $125k back in November of 2009 and the plan has yet to be confirmed. My lawyer says the debtors lawyer is trying to stall confirmation becuase the debtor is selling a home and is going to try to settle with me from proceeds. How long can they drag this out?? I am to the point I would rather have his piddly little BK payments than wait for the sale.

you are at the wrong place if you are a creditor.

[newbie2]

Is there a specified amount of time that a bankruptcy must be confirmed within? In WA state. I am a creditor, the debtor filed BK on a judgement of $125k back in November of 2009 and the plan has yet to be confirmed. My lawyer says the debtors lawyer is trying to stall confirmation becuase the debtor is selling a home and is going to try to settle with me from proceeds. How long can they drag this out?? I am to the point I would rather have his piddly little BK payments than wait for the sale.

Lisa, are you handling the objection to the claim yourself or do you have an attorney handling it for you? I wish I had the answer for you as I am sure it must be tough for you waiting for some kind of resolution to this.

Also, creditors are welcomed here, despite what the gentleman above stated :-)

[catleg]

Just not greedy creditors.

I'm not aware of any time limit for confirmation, the debtor has to keep making payments to stay in the plan. The panel trustee represents all unsecured creditors, only he has the power to waive claims against an estate asset and say in effect "let's wrap this up." Otherwise it is his judgment call whether debtor is acting in good faith and if not he will make a motion to dismiss.

(Unlike a traditional ch11 where there would be a creditors committee to represent your interests and at some point the debtors exclusive right to propose a plan of reorganization expires.)

I'm thinking, if it's mainly your judgment that forced the debtor to seek ch13 you could write a letter to either the panel trustee or debtors attorney looking to work out a deal which would result in an expedited resolution to the case. You could settle with the debtor (through his attorney) and the case could be dismissed. But it sounds like he has other problems as well.

[j9304]

I filed Chapter 13 plan in June '05 but did not receive confirmation until September '06.

[HHM]

Well, they cannot stall it indefinitely; it really depends on the judge and the bankruptcy trustee. Confirmation hearings are usually only delayed to allow the debtor and trustee to work out objections the trustee has with the plan. etc. There are ways the debtor can manipulate that up to a point, purposely filing a plan that is objectionable, filing modified plans at the last minute etc., but at some point, the judge will usually get fed up. But, depending on the circumstances, confirmation can be kicked out for a year from filing.

[Lisamlacy]

Thanks! I have posted here before trying to figure this all out and I've never had someone tell me i'm in the wrong place. My attorney is handling it but I still am really confused, it's alot more complicated than I expected.

[Lisamlacy]

Catleg...thanks for the good info... not a greedy creditor, just an exwife who was completely ripped off by her husband! grrrrr. I think he is trying to avoid this going to bk trial because my attorney has already done depositions on him and will be going after him for bad faith if he does not settle. His attorney is pushing him to settle as well because he is in hot water after info discovered in depositions. I just thought this would be a much faster process. Again, thanks for the info!

[espo1357]

Catleg...thanks for the good info... not a greedy creditor, just an exwife who was completely ripped off by her husband! grrrrr. I think he is trying to avoid this going to bk trial because my attorney has already done depositions on him and will be going after him for bad faith if he does not settle. His attorney is pushing him to settle as well because he is in hot water after info discovered in depositions. I just thought this would be a much faster process. Again, thanks for the info!

its always the husband that was greedy, isn't it?
its none of my business, but women in contemporary America are so honest.

But, its not you, right?

Ya, my brother go screwed by his ex wife for close to 6 figures, so complain somewhere else.

Ever heard of forgiveness and giving people a break? God, I hope you don't have kids with this man.

[Lisamlacy]

I didn't come here to bash or judge people, just to get information regarding my personal scenario. I'm sorry you are so bitter over your brothers scenario.

[espo1357]

I didn't come here to bash or judge people, just to get information regarding my personal scenario. I'm sorry you are so bitter over your brothers scenario.

I owe you an apology.

Sorry.