Confirmation Hearing Monday...

[caj0524]

So here we are...

After all the collections, the paperwork, the filing...

After the semi-stressful 341 with a Trustee staff attorney...

Throughout the yet-to-be-adjudicated bad faith objection...

and after being told that the Chicago trustee I was assigned to does not talk to Pro-Se filers before the Confirmation hearing...

Monday is the day! Wish me tons of BK Forum luck!!!

[lifelesson]

here's hoping for the best 341 news ever!

[justbroke]

Best wishes to a successful confirmation!

(Makes me wonder whether this is just an initial confirmation hearing that they'll just continue. Hopefully, you're paid up to date, because the Judge will ask the Trustee your case status.)

[killinstinct]

Good luck to you! What the heck is a bad-faith objection. Sounds complicated. .02% repayment too! What is the point?

[lillybell]

good luck..you'll make it...have FAITH

[caj0524]

I'm assuming it's just a pre-confirmation also, but I'm praying it'll be the actual confirmation. I'm even bringing 2 different amended plans based on possible objections the trustee may have.

Yup... all paid up.

0.02% - the point is that's what my DMI allows for. That's the law.

"Bad Faith"... an unsecured creditor is mad about the 0.02% also, and he's objected based on his thought that we filed in bad faith. It's his own version of a hail mary pass. I'm really not "too" worried about that.

[justbroke]

What the heck is a bad-faith objection.

It means that either the Trustee or a creditor believes that the Chapter 13 Plan that was proposed, is done so in bad faith. One of those reasons could be... that the debtor presented a 0% Plan. Other reasons could be that the Trustee or a creditor doesn't like the expenses on the Means Test. I don't know who brought the bad-faith objection. If it's the Trustee, then

he Chicago trustee I was assigned to does not talk to Pro-Se filers...

Don't feel bad. Most Trustee's don't talk to anyone. Their staff does the talking. Before the hearing starts, try to get to the Trustee or his/her assistants and ask what the deal is on the bad faith. Actually, you probably already have an Objection to Confirmation and it's detailed out there.

Care to share?

[caj0524]

The "Bad Faith" objection is the only objection to confirmation. There is no trustee objection on Pacer.

We got sued for the deficiency balance on a repossessed car. Before the court date arrived, we filed.

The attorneys for the bank filed an Objection to Exemptions and Objection to Confirmation.

The Objection to Exemtions was a couple of things that were honest errors, and have since had amendments filed.

The Objection to Confirmation was due to:
1. We bought a minivan 12 months before filing. (Wife was expecting triplets).
2. We bought another used car 2 months before filing. (Twins were born, but lots of complications and I needed a car to get to work).
3. I listed $200 per month for "newborn necessities". (This was removed).
4. His "fact" that both our filing was and our plan are in bad faith.

I rebutted about the complicated pregnancy, and I found a list of 11 items that some courts use as they may show bad faith. I rebutted the entire list, and none seemed to be a reach either.

[justbroke]

The "Bad Faith" objection is the only objection to confirmation. There is no trustee objection on Pacer.

We got sued for the deficiency balance on a repossessed car. Before the court date arrived, we filed.

Oh, you're golden. They have nothing on you. It's just nonsense. Gobbledygook.

They have no claim other than as an unsecured creditor. Even then, you buying a new car, means nothing in the whole context. Must have been some credit union.

[caj0524]

Must have been some credit union.

To quote Ed McMahon: "You... are correct, sir."

[killinstinct]

Fantastic. Best of luck to you, sir. Let us know how it goes. Thanks for sharing your story.

[anuta]

I may have missed prior explanations, but one of the great problimatic areas of BK seems to be dealing with credit unions. I have read of more difficulties with CUs--why is that? Do CUs have a special status in BK that a regular bank does not have?

[justbroke]

I may have missed prior explanations, but one of the great problimatic areas of BK seems to be dealing with credit unions. I have read of more difficulties with CUs--why is that? Do CUs have a special status in BK that a regular bank does not have?

Because they are "member-owned" they tend to be more tenacious. The problem is, they tend to also violate the automatic stay as well. They feel betrayed, for some reason, and are quite nasty when it comes to Bankruptcy.

They have no different status or treatment than any other creditor.

[anuta]

I've always liked banking at CU's--although we've never taken loans from them. Since the economic crisis our CU has cut back on lots of services that they once provided. Quite a change. Not much of that "member feeling" left in the CU I bank with.

[caj0524]

Mostly confirmed...

So the hearing is over. We were #306 of 308 confirmations. Our 10am hearing finally took place about 2:30pm.

At least I had a good idea of what to expect...

The judge actually commented how good my paperwork and response to objection looked.

The lawyer representing the CU showed up. The judge asked if he wanted to withdraw his objection. He said no. The judge asked again. He said no again.

The judge asked the trustee... she said they are recommending confirmation.
(Me: YAY!)

The judge asked the lawyer yet again, with the trustee recommending confirmation, if he wanted to withdraw his objection.

Yet again, he said no. Arrrrggggghhhhhh!

So now, in 2 more weeks, there is another hearing - just to set a date for the hearing on the objection.

This is frustrating. They are unsecured. It's a 0% plan that the trustee wants to confirm.

...but we're most of the way there.