You are you viewing the Bankruptcy Forum as a guest (limited viewing).
Don't have a BKForum account yet?
Please REGISTER (it's FREE & takes 30 seconds) so you can post your own questions and see all the features available to registered users.
The majority of trustee and creditor objections are filed between your 341 and confirmation hearing.
If you track your case on PACER, you can see any objections as soon as the court records them. Your lawyer will also let you know if any objections are filed as well.
Trustee and creditor objections are pretty common in 13s but you have to keep in mind that a large majority of them are resolved successfully before the confirmation date. It's unusual to remain unconfirmed for a long period of time after your original confirmation hearing date.
We had two trustee objections and one creditor objection filed against us. We were the perfect test case in our local court for the two objections our trustee filed, so we weren't confirmed initially. It took 15 months, but we finally were confirmed. (Our creditor objection was thrown out by our bk judge when they didn't show for the hearing where they had to prove their objection ) Even with the initial objections, we hung in there and just kept making our payments on time. Our reward - our Ch 13 was just successfully discharged by our trustee on August 10!
Don't let the thought of objections unsettle you. Hang in there and things are likely to work out just fine in the end.
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
My attorney told me that trustee objections are so commonplace that they are almost considered necessary to demonstrate that the trustee is actually doing his/her job. The singular objection in my own case was for an allowance that the trustee thought was too generous, and it ended up raising my plan payment by $11.00 per month. That almost seems to be nit-picking (as it were) but that is what is to be expected in the Chapter 13 process.
We had objections at the 341 meeting which was on 7/13. Atty filed amended plan on 7/22. Trustee filed 2 more objections on 8/11. Atty said he was just going to let it go to confirmation hearing, which is on 8/24, and didn't file another amended plan. Yesterday, 8/19, trustee filed an amended objection to plan. I'm just leaving it in the hands of our atty that seems to have a pretty good relationship with the trustee and judge from what I've been told. At first, the trustee wanted 57k guaranteed payback, then 53k, and now with the amended objection wants 36k guaranteed which is only 3k more than what our plan calls for anyway. So, to answer your question, seems that the trustee can make objections all the way to the confirmation.
Comment