confirmation still be scheduled?

[maci1818]

I just called BK court and they said that confirmation was still scheduled for my ex even though the trustees finding at the 341 was confirmation was not recommended since the schedules needed to be redone??

[tobee43]

so, are you saying you have to redo some of your schedules according to the trustee's office? i'm a bit confused...is this bk for your "ex"?

[maci1818]

so, are you saying you have to redo some of your schedules according to the trustee's office? i'm a bit confused...is this bk for your "ex"?

Its is for my ex. Yes Trustee said Schedules have to be corrected because his atty listed secured debt as unsecured

[Cristo]

I think this depends on how the individual state does things. Is it a confirmation hearing? I'm in Maryland and even though the trustee had objected to my plan ( a lot) my confirmation hearing still proceeded on the date it was originally scheduled. Of course, when I got there, my attorney met with the Trustee and they went over some of his objections and then my case was continued. It was not really a "hearing" (at least as I think of one) at all. That may be what is going on with his case. If he does not amend his schedules he may be denied confirmation, or he may get a continuance depending on why he has not ameded.

In my case, it was a timing situation, I was waiting to find out if my HELOC was going to strip and how my car was going to be valued so I could know how to amend my plan. The hearings on those 2 issues were scheduled after my confirmation hearing date, so I had to get a continuance. It seemed like a giant waste of time and money for everyone involved.

It does not sound like he has those issues though, so maybe he will amend, or he might have to dismiss. I know from reading your other posts that his debt to you is secured, so he would have to pay it all during the length of the plan. He is probably trying to figure out how he is going to do that! Good for you for fighting him. When is his confirmation? I think he should have to submit a new plan which would show up on Pacer.

Good luck.

[maci1818]

I think this depends on how the individual state does things. Is it a confirmation hearing? I'm in Maryland and even though the trustee had objected to my plan ( a lot) my confirmation hearing still proceeded on the date it was originally scheduled. Of course, when I got there, my attorney met with the Trustee and they went over some of his objections and then my case was continued. It was not really a "hearing" (at least as I think of one) at all. That may be what is going on with his case. If he does not amend his schedules he may be denied confirmation, or he may get a continuance depending on why he has not ameded.

In my case, it was a timing situation, I was waiting to find out if my HELOC was going to strip and how my car was going to be valued so I could know how to amend my plan. The hearings on those 2 issues were scheduled after my confirmation hearing date, so I had to get a continuance. It seemed like a giant waste of time and money for everyone involved.

It does not sound like he has those issues though, so maybe he will amend, or he might have to dismiss. I know from reading your other posts that his debt to you is secured, so he would have to pay it all during the length of the plan. He is probably trying to figure out how he is going to do that! Good for you for fighting him. When is his confirmation? I think he should have to submit a new plan which would show up on Pacer.

Good luck.

His hearing is Nov. 19th.
That is the what I think the hold up is . I bet he switches to a 7 because the intent was to NOT have to pay me.