Confirmation Question

[minan]

We got what we believe is our confirmation letter from the BK Court. Title reads "Application for Compensation and Confirmation of Chapter 13 Plan; And Order Thereon". So this our confirmation?

Also, we have read this confirmation letter over and over and there is nothing listed on it in terms of the rules such as we will need to submit copies of our returns each year or all refunds go to the Trustee, etc...is this normal?

Are we to expect something from the Trustee that will outlines the rules to follow etc..?

We know some folks on here mentioned that some orders require that yearly tax returns be provided, rules re: pay raises, tax returns are given to the Trustee, etc..but this letter doesn't say anything.

Can someone clarify?

[LadyInTheRed]

Is there a judges signature? If so, it is the confirmation order.

My order didn't say anything about tax returns, but I know from asking my attorney that my trustee doesn't want to see them every year. The only instructions I received from the trustee was a hand out at the 341 that described how the Chap 13 process works, where to send payments, that payments must be on time and that I'm not allowed to incur debt without authorization.

Ask your attorney whether you will have to submit tax returns.

[minan]

LadyInTheRed: Yes there is a judge's signature. We also received a handout at the 341 about the process etc...we just thought that the terms of the 13 would be provided in writing.

[LadyInTheRed]

we just thought that the terms of the 13 would be provided in writing.

The terms are in the Plan that you filed and in the law. Keep in mind that regardless of what is in your order, the law gives the trustee the right to examine your finances, including your tax returns, at any time during your Chap 13. So, if there is nothing in the order saying you have to send a copy of your return to the trustee every year, you could still get a letter from the trustee asking to send it. The best way to know what your trustee does is to ask your attorney. But, regardless of what the trustee has done in the past, he/she could change practices. I don't say that to worry you, just to say what is possible. I have yet to hear of somebody who was told a trustee does not require sending copies of returns to suddenly have the trustee start requiring returns.

[kornellred]

The title of my official plan confirmation document is "Order Confirming Chapter 13 Plan". It appears as though each District has it's own Chapter 13 plan confirmation form. The "Application for Compensation" the OP mentioned must describe some procedure essential to the confirmation of the plan, so apparently that District sees fit to include the language in the document title.

[minan]

So it appears we are confirmed. Checked with attorney and the only thing he stated was that we are to provide tax returns each year. No other terms or instructions from the Trustee except to mail payments on time each month. No info or instructions re: pay increases/tax refunds or anything. We're not going to complain and just stay under the radar. If the Trustee asks, we'll respond, however for now, we'll provide only the tax returns as stated by atty.