Still Not Confirmed

[minan]

My 341 was continued from the 9/10 to 1/11. At the continuation meeting, they gave me/atty a new date in May and stated this was for the confirmation hearing. What is the confirmation hearing? Is this in front of a judge, not the trustee? Atty said I don't need to attend, is this true?

They also requested additional information, but I'm still scared that something's going to happen and my case not get confirmed or dismissed then I'm screwed. This is the emotional me. Rational me knows that I have provided all the information and there are no "skeletons in the closet" to worry about as my situation is straightforward - taxes.

My atty doesn't seem worried and says this is standard. For me it's not the norm, but has resulted in causing me anxiety and tremendous stress, lots of sleepless night.

All I want is to know I'm confirmed, get the confirmation letter so I know what's expected of me each year for the next 5. What sucks is it seems as it will be almost a year from the time I filed to confirmation.

Is this normal?

[bobm]

The confirmation hearing is when the judge rules on the recommendation to confirm your plan. In my case, the Trustee and my attorney went back and forth to come up with a plan that we all could accept and then submitted it with a recommendation to confirm. I don't think the judge even had a hearing. The day before he published the preliminary rulings and it was listed as confirmed there.

We also took just over a year from filing to confirmation. I think the very large number of cases in California makes things move very slow. I agree with your attorney not to worry although I did also.

Good luck.

[Cristo]

Hi Minan,

I am still not confirmed yet either. You may remember me, I filed on July 30,2010 and we had our 341 around the same time. My 341 did not go well and the trustee's representative had a lot of issues with my case and got into an argument with my attorney during the 341. I did not have to have a new 341 but the Trustee filed about 12 or so objections to my confirmation. My original confirmation hearing was scheduled for October. I went to the hearing because we had not been able to work out any of the Trustee's objections prior to the hearing. I provided the paperwork the Trustee wanted on my stock transactions prior to the hearing and again at the hearing. I got a new confirmation hearing date set for December 21. My attorney told me the day before the hearing that the Trustee had dropped all the issues and I was to be confirmed. I did not go to the hearing since it was a "done deal". Merry Christmas, or so I thought.

Well, you guessed it, my confirmation hearing has been continued until March 1. At the hearing on Dec 21, the Trustee wanted my car payment to be paid at the 8% interest rate that BofA put in their claim instead of the 4% I had in my plan. This resulted in having to renotice BofA on the interest rate change and that is why I was continued. I know that this is no big deal, that it will get fixed and I will be confirmed, however, I do have some nagging worry that something will go wrong. My worry level is about 1% of what it used to be. I am getting used to how things work in the court system now. The good news is that I should be confirmed at what my plan payment was originally and the Trustee did not win on any of the increases he wanted. I won't celebrate until I see the order that I'm confirmed but I'm starting to feel better.

I would try not to worry. It is unsettling to have loose ends but you will be allright. There are so many new BK cases that the trustees don't have time to look for reasons to boot you out if you are making your payment. You will know if there are issues before your hearing as the Trustee is required to file any objections to your plan. The Trustee filed his objections to my plan not long after my 341. Do not worry about this as it's their job to try to object to something.

It's hard when you have never been in the court system before or had people examining your life, especially when you already feel bad about what has happened. Before my confirmation hearing ( first one) I had nightmares that I would be arrested for something......I guess because it's the only thing that hasn't happened to me yet!! I felt like I was on such a downhill path. But I feel good now and I'm relieved that I have a plan for my "comeback".

You will be amazed at what a non-event the hearing is. The one I went to I never even saw the judge and there were a whole bunch of other attorneys there trying to talk to the trustee about their cases. I did not go to the second one because I knew it would be a waste of time for me. If your trustee and lawyer work everything out the judge basically rubberstamps the confirmation later and it's over. I hope this helps, you really will be fine!

[enginegirl]

My 341 was continued from the 9/10 to 1/11. At the continuation meeting, they gave me/atty a new date in May and stated this was for the confirmation hearing. What is the confirmation hearing? Is this in front of a judge, not the trustee? Atty said I don't need to attend, is this true?

They also requested additional information, but I'm still scared that something's going to happen and my case not get confirmed or dismissed then I'm screwed. This is the emotional me. Rational me knows that I have provided all the information and there are no "skeletons in the closet" to worry about as my situation is straightforward - taxes.

My atty doesn't seem worried and says this is standard. For me it's not the norm, but has resulted in causing me anxiety and tremendous stress, lots of sleepless night.

All I want is to know I'm confirmed, get the confirmation letter so I know what's expected of me each year for the next 5. What sucks is it seems as it will be almost a year from the time I filed to confirmation.

Is this normal?

I felt the same way as you... waiting for my confirmation hearing to done with was pure torture and my atty was completely blase about the whole thing... mine was continued 3 times due to various issues, my plan was finally confirmed 6 months after I filed, my atty sent me an email the day before hearing and said that I would be confirmed, and then I waited and waited until New Year's eve for the actual letter to arrive.... I felt like a load was lifted from my shoulders.. and now I can live life in black and white instead of the great big unknown grey mess that drove me batty!
your feelings are totally normal!
You will be fine just remember NOTHING in a 13 moves fast.... be patient (I know I know its hard)!!

Good Luck to you and happy 2011

[catleg]

If your problem is taxes, it may just be taking the IRS or state tax authority a long time to submit (or amend) their claim.
As the others have said, this is not like normal business. Everything moves at a glacial pace.
My confirmation was what I consider "fast" and it was 6 months after I filed, I only cycled through 1 round of objections and the IRS was fairly prompt.

[minan]

If your problem is taxes, it may just be taking the IRS or state tax authority a long time to submit (or amend) their claim.
As the others have said, this is not like normal business. Everything moves at a glacial pace.
My confirmation was what I consider "fast" and it was 6 months after I filed, I only cycled through 1 round of objections and the IRS was fairly prompt.

The IRS has filed a claim. The Trustee has objections and we are working with the atty to respond. Problem is atty seems a bit lazy about doing things right away. We'd like to think it's because he is busy, however we know he is not overloaded with clients so we don't understand. We're providing info the objections and are waiting for atty to do the paperwork and submit. We're going to push him and hope that he submits the paperwork before the confirmation hearing with the hope that we're confirmed without having to go to court.