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    Confirmation Order received but have a ?

    I think I know the answer - but... just in case ....


    So just received the Confirmation Order from attorney via Trustee. It has the standard "cant sell the house / get new debt" wording as well as how the funds will be distributed if we keep current or if we get dismissed / convert.

    Thats it. Thats all it says.


    So - the question is this: I'm going to assume that because it does not have anything regarding pay increases or tax returns - the trustee is not requiring any of that?

    *whispers quietly* please say yes.. please say yes

    #2
    My confirmation order did state that we had to send in our income tax returns every year (and refunds, darnit), but it didn't say a thing about reporting any increase in income. Our attorney told us to report any change of income (increase OR decrease) to her as soon as we knew about it. To be safe ask your attorney. Can you send him/her an email for clarification? You'll breathe easier once you know for sure. Congrats on your confirmation!
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

    Comment


      #3
      Thanks newbie2! I figured it would be on the order if required, but....stranger things have happened. I did email our lawyer this morning as a matter of fact, just to be sure I'm understanding everything correctly and there arent any surprises down the road.

      Comment


        #4
        When you have questions or concerns like this one, the worst thing you can do is assume. Always contact your lawyer and ask, especially about situations as potentially troublesome to your case as your tax returns and refunds during an active Ch 13.

        It's always better to know ahead of time what to expect or get your lawyer to clarify rather than deal with major (and potentially expensive) legal issues later, including your trustee asking for your case to be dismissed even though the trustee's written instructions didn't include something very important for you to know. Unfortunately it's happened.

        In these situations, the burden of initiating the process to get the right answers to your questions is on you.
        Last edited by lrprn; 09-25-2010, 06:29 PM.
        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


          #5
          holy crap

          Well heard back from attorney this morning. Our Trustee is not requiring: tax returns turned in, tax refunds or any income increases due to pay raises or job change over the entire course of our plan. I'm in shock I think... I've never heard of not requiring ALL of those things - maybe some, but not all. I think my lawyer thinks I'm insane because I made 100% certain he was 100% positive on all counts, that I didnt want any "surprise, guess what?" later down the line. He stated he was sitting with the trustee - they talked it over in detail - and yes....none of those items listed will be required during our plan and to enjoy it as most do not get that privilege.

          I think I love my Trustee

          Comment


            #6
            You have the trustee every one of us wish we had! Enjoy every moment of just making your payments on time and staying under your trustee's almost-nonexistent radar! Wishing you well, you very lucky 13er!
            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


              #7
              You are so lucky. I may be getting an offer for a new job and already have anxiety about the Trustee. See my monthly payment is so high that I am barely able to make ends meet. The new job would afford me a few hundred more a month so I don't have to dig into my savings each month. Of course, with the luck I seem to have with this 13, I'm sure he'll find a way to take the extra 100/200 per month.

              I agree - enjoy the fact that you have a Trustee who's happy simply with the monthly payment and doesn't require more.

              Comment


                #8
                Originally posted by lrprn View Post
                You have the trustee every one of us wish we had! Enjoy every moment of just making your payments on time and staying under your trustee's almost-nonexistent radar! Wishing you well, you very lucky 13er!
                lrprn -

                Trust me.... I know how lucky we are with this - which is why I'm still very leery of it all. I'm gobsmacked and I think more stressed out NOW than during the entire process! I'd feel better if there was anyone ELSE on here thats ever had this occur with their Trustee......

                I feel sick in all honesty - crazy huh? Yeah... I"m a weirdo

                Comment


                  #9
                  Hi there. I don't post much but I am in the same boat you are pandora. As long as we make our payments, it seems the trustee won't have to know anything else these next 4 years! Reading on this site was actually more stressful than the actual bankruptcy for me!

                  Comment


                    #10
                    Pandora, we're in CA and have the same type of trustee. Our attorney said that we can work as much overtime as we want and the trustee won't care the slightest bit. He said the only time the trustee wants to hear from us is if we hit the lottery or receive a large inheritance. Other than that, any extra money is ours. He also doesn't require tax returns (though I am aware that they can request them at any time), and didn't even want to see bank statements from us when we filed!

                    Now, if I could just convince my hubby to work overtime, then we'd be set. lol. I wish I had the ability to work overtime, I'd be all over it!
                    Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
                    0% payback to unsecured creditors, 56 payments down, 4 to go....

                    Comment


                      #11
                      Momofthree: where in California are you? I'm in San Diego County.

                      Comment


                        #12
                        Originally posted by minan View Post
                        Momofthree: where in California are you? I'm in San Diego County.
                        Eastern District
                        Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
                        0% payback to unsecured creditors, 56 payments down, 4 to go....

                        Comment


                          #13
                          I have the same requirements as Pandora. Trustee wanted 1 set of tax returns after filing and confirmation, but I have not had to provide any since. Also, have not had to report increases in income. I am in a 100% payback, which I am sure is the reason for this. As long as the trustee is getting the agreed to payments, don't incur any new debt, and don't mess with mortgages, then I think you are good to go without providing additional info.
                          Filed 11/08, confirmed 5/09, 60 months - 100% Expect completion in May 2013 (@month 54)

                          Comment


                            #14
                            Thanks Momofthree - Frankie and IM2stressed - *whew!* Nice to know that while uncommon, it does happen. Ya know, its funny through this entire thing I dont believe my PACER bill has hit that magic $10 mark........until confirmation hit LOL

                            Now I think I owe like .50 over the $10 mark... and why? Because I'm nervous somethings going to change suddenly.

                            Yes yes.. I know..."stop worrying" :/

                            Comment


                              #15
                              I'm jealous. We have to fight to keep our tax returns. Although we did get to keep our first one to buy a sleep number bed. AFter that, I changed our deductions to give us more during the year and less at the end of the year. I vote for letting us keep our tax returns for savings.

                              Comment

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