Confirmation ?

[karm43]

If a plan is not confirmed and the only thing paid through the plan so far is my car and the rest of money sitting in the account, do i get it back if i dismiss my plan. Of coarse I would pay my attorney what i owe him. Never liked the idea of settling but maybe between my money in the chap 13 and my income tax it would be a start. Quite a bit in there I have been paying since Mar.

[dmc-2008]

That is a great question!

[Newday1]

I am interested in the answer myself...

[justbroke]

If a plan is not confirmed and the only thing paid through the plan so far is my car and the rest of money sitting in the account, do i get it back if i dismiss my plan. Of coarse I would pay my attorney what i owe him. Never liked the idea of settling but maybe between my money in the chap 13 and my income tax it would be a start. Quite a bit in there I have been paying since Mar.

This depends on the District and whether the Trustee has not paid a particular creditor when they should have. In my case, I converted around mid-month so the Trustee pro-rated the payments through the date on the Notice of Conversion and refunded the rest on hand. If your plan owes your attorney money, the Trustee could be required to pay the attorney with the funds on hand.

There is really no way to get an accounting of what would come back to you, unless you actually were to ask the Trustee's office. They would probably not go through the trouble unless you were actually getting your plan dismissed.

[Newday1]

I am wondering if you do not have a confirmation, then how is it decided that you pay "x" amount of money to the TT each month? At what juncture does the payment get decided? And, if the payment amount is decided then why is there no confirmation. I understand about that your situation is different karma, I am just wondering when the payment is decided if the TT can drag it out objecting then has there been a decision on payment amount?

[dmc-2008]

For mine, my lawyer came up with a proposed amt and that is the amt i started paying 30 Days after file date . We had 341 and was told to cont to pay that same amount, i think now at the confirmation hearing is when it can change or be confirmed. If confirmed that will be set amt if not confirmed we see wgat trustee wants and how to proceed. At least that is how i think it will go! Confirm in a few weeks - we shall see!

[justbroke]

I am wondering if you do not have a confirmation, then how is it decided that you pay "x" amount of money to the TT each month? At what juncture does the payment get decided? And, if the payment amount is decided then why is there no confirmation. I understand about that your situation is different karma, I am just wondering when the payment is decided if the TT can drag it out objecting then has there been a decision on payment amount?

You always start paying 30 days after filing. Confirmation is just the adjudication and "final" decision on the amount and most other issues regarding your case. (Confirmation varies by District; in Florida, confirmation finalizes everything. In some States, confirmation is as early as the 341 Meeting!) There are many people who have waited 1 year for confirmation. I waited 5 months for confirmation (from filing). However, that's the standard for Florida.

In most Districts, the length of your case is based on when you file. However, there are some Districts that count the time from your confirmation!

So you pay what your Plan says that you will pay until you are confirmed. You may or may not be confirmed at that same rate.