Just had my 341 Meeting...

[jmpkcp]

Hello, all! Thought I'd introduce myself as I plan on sticking around the forums for all 5 years of my Chapter 13.

Filed January 31st. My wife and I had our 341 meeting today. Went off without a hitch -- though I did sweat the fact that my attorney showed up 5 minutes late. Trustee didn't really challenge me on anything as I've been very forthcoming with information. Every request for info they've had I've responded to thoroughly within 24 hours. Anyway, the Trustee asked for my 2012 personal tax return (already provided corporate) which I'm sure my attorney will email to them tomorrow.

Anyway, no creditors showed up to contest. No adversarial proceedings...but here's my question. With a confirmation hearing set for April 10th, how much time exactly do creditors have to come after me? The only one I'm worried about is an unsecured creditor -- and they are scheduled to get 0% as only secured creditors are getting paid through my plan.

I think it's 21 days, but I could be wrong.

JP

Filed BK on: 1/31/13
341 Meeting: 3/12/13
Confirmation: Set for 4/10/13

Payments made: 2 of 60

[Quiznos1]

I believe its 60 days after your 341, but Im new to BK so I could be wrong...

Quiznos1

[jmpkcp]

See, I thought 60 days was for Chapter 7s. Anyone out there know for sure?

[AngelinaCat]

Quiznos is confusing the CH7 process with the CH13 process. Depending on your district and trustee, your confirmation may not happen for several months. You need to keep making your payments though, until you are confirmed.

Good wishes to you! And welcome to the forum!

[jmpkcp]

Yeah, I won't need any reminders to make payments. That's all I think about.

My district is NorCal. I can't imagine that it varies on a trustee by trustee basis as you say, though. That would be ridiculous!

[LadyInTheRed]

Welcome to BKforum, jmpkcp!

In the Northern District of CA, a creditor must file an objection to confirmation of a Chap 13 plan before or at the 341. If a plan is modified, creditors have until 14 days after service of the modified plan to file an objection. Local Rule 3015-1. http://www.canb.uscourts.gov/files/BLRrevAug2010_0.pdf

[jmpkcp]

LadyInTheRed, that's fantastic news! My plan won't be modified, so it sounds like I'm good to go. Thank you!

[jmpkcp]

Did notice this though....

Late Objections:
Notwithstanding the previous paragraph, late objections
will be considered if the objection is
raised before the plan is confirmed and the objecting
party shows that it acted diligently.

[LadyInTheRed]

Did notice this though....

Late Objections:
Notwithstanding the previous paragraph, late objections
will be considered if the objection is
raised before the plan is confirmed and the objecting
party shows that it acted diligently.

No, but if you gave all the creditors notice and one files a late objection, I would ask my attorney to fight it because the creditor hadn't acted diligently.

Do you have a reason to believe a specific creditor will object? "I'm getting 0%" is not a basis to object. "The debtor is not submitting all DMI to the plan" is a basis for objection, but it is the trustee is most likely to object.

[jmpkcp]

If the trustee had any objections, wouldn't she have brought them up at the 341? She just asked a bunch of questions and seemed satisfied with all of the answers...

[catleg]

The 341 is just a meeting of creditors (usually none show up).
The trustee's objection comes separately.
I was able to get a copy of my B22C marked up by the trustee's paralegal to get a better idea of what they thought they saw.
That way you can address the issues better.

[LadyInTheRed]

If the trustee had any objections, wouldn't she have brought them up at the 341? She just asked a bunch of questions and seemed satisfied with all of the answers...

Some trustees say at the 341 whether they plan to object. Others don't. Note that the local rule applies to creditors, not the trustee. The trustee can object up to the date of the confirmation hearing.

[jmpkcp]

Some trustees say at the 341 whether they plan to object. Others don't. Note that the local rule applies to creditors, not the trustee. The trustee can object up to the date of the confirmation hearing.

Information like this is invaluable. Probably why this is the best forum on the internet! Thank you!!!

[jmpkcp]

Just wanted to followup on this as it has been 2 1/2 years since I started this thread. In early 2014 I was able to get my plan modified from 60 months down to 48, since by then we'd already be over the payment threshold of all claims. We just paid payment 32 of 48. Just 16 to go!

Filed BK on: 1/31/13
341 Meeting: 3/12/13
Confirmation: Set for 4/10/13
Plan modified: 3/31/2014

Payments made: 32 of 48!!!

[CtheLight]

That's great news!
I'm curious how you got the plan shortened since you said you were paying 0% to unsecured creditors. I would have thought they'd make you pay the full term so at least some unsecureds got paid.