Meeting of creditors

[Indebt21]

Hello does anyone no of a motion that can be made to get a continuance of the confirmation hearing as I found out the trustee has made a motion that the plan in the chapter 13 is not sufficient and I never recieved the notice and I need time to submit a modified plan

[justbroke]

Welcome to BKForum.

Did you file Pro Se? If so, just realize that a Chapter 13 filed Pro Se can be pretty difficult to get to a confirmed plan. You need to work with the Chapter 13 Trustee. Usually, they will file a motion in opposition to confirmation. A Chapter 13 Plan is a negotiation, of sorts, between the debtor, the (Chapter 13) Trustee, and the creditors. There are many pitfalls in a Chapter 13 Plan for the unskilled author. While many bankruptcy districts have a so-called "model" plan, that is more form than function.

If you did file Pro Se, then you must attend every hearing. That would include the confirmation hearing. You will need to determine how your specific court works.

In Florida, many of the bankruptcy courts use something known as the "rocket docket" where confirmation hearings, and other more "housekeeping" hearings such as motion to dismiss, are done quickly. In the "rocket docket" format, the Trustee, and his/her attorneys, will sit in the courtroom at a particular time and the lawyers line up to talk over the pending cases. The attorney would go to the assigned Trustee attorney (the trustee themself or their assignee for that case) and try to figure out right there if they can fix it before the court goes hearing changes status to "on record." When they go on record, the judge comes in and many things are just "read into" the record... things talked about before the judge came in the courtroom.

If you don't know how this all works in your courtroom, then you must quickly learn how that works and how to speak with your Trustee (or their attorney representative). The Objection to Confirmation will usually include precisely what the Trustee expects or with which they have a problem. Sometimes it's as simple as fixing the plan, and others could be that they believe you calculated yhour income incorrectly. In any event, you must still attend the hearing and can ask the Trustee if it can be continued.

As a matter of general course, all initial confirmation hearings in Florida (at least) are automatically continued. Hardly any plan gets confirmed at the first confirmation hearing. That initial confirmation hearing is held because the law requires it to be held within so many days of the 341 Meeting. There are other nuances, but generally -- at least in Florida -- we continue the Initial Confirmation Hearing until about 120 days after the first confirmation hearing. This allows all the claims (except for governmental claims) to have been filed (because the bar date for filing is something like 90 days form the 341 Meeting). This allows the court to consider everything that could have been decided at confirmation and issues with modifying a confirmed plan.

Bottom line, if you're Pro Se, even if you file a Motion to Continue or you and the Trustee agree to continue, you must still show up at every hearing unless the court moves the hearing. Bankruptcy procedure is not all that bad, but there are many pitfalls for the Pro Se.

Additionally, and importantly, if you are Pro Se, then you must have a PACER account and you must check it frequently for updates. Also, if you are Pro Se you should sign up with the Bankruptcy Noticing Center (BNC) to receive electronic notices should someone file a paper with the court. As the attorney of record, you must do everything that the attorney would have done.

If you are not Pro Se, then your lawyer would handle all of this.

[Indebt21]

So it's best to ask for the continuance the day of the hearing as I am pro se and state my reasons at that time ? As I was going to file a motion of not being prepared as I just found out the trustee objected and I will not have time to entere my amended plan as I want to work with the creditor and trustee to hopefully save this filing. If it is denied is there an appeal to reopen ?
Thank you very much for your response as you seem extremely knowledgeable and are a great resource. Thank you again

[despritfreya]

Denial of a request for continuance is not an appealable Order. A dismissal of the case is. HOWEVER, such is not going to happen. Call the Trustee. Let him/her know you need additional time to resolve his/her concerns (say 30 or 60 days or so). The Trustee will agree to additional time. At the hearing you and the Trustee can advise the court that you have agreed to additional time and request that the hearing be continued to a later date. This is not a big deal and happens all the time. You just need to pick up the phone and communicate with your Trustee. The Trustee will assist you in making this a smooth process.

Des.

[justbroke]

Des said it best. You have to talk to the Trustee (or their staff attorney assigned to your case). They don't like to give legal advice to the Pro Se, but asking for more time should not be a problem.

[Indebt21]

I've tried to call the trustee all I get is a voice mail also I've emailed 2x for the zoom sign in for the meeting and they have not gotten back to me the meeting is Tommorow any ideas .
Thank you all ! as of course this is a 1st being pro se

[justbroke]

This is a hearing, try contact the Clerk of the Bankruptcy Court regarding your Zoom hearing. You could also determine whether they are allowing in-person attendance at the courthouse.

[Indebt21]

No in person at the courthouse all by zoom the clerk would not give me any information only to email what if I don't get email and they dismiss for not being in attendance do they let the debtor appeal ?
sorry very nervous

[justbroke]

If they dismiss then you could Motion for Reconsideration and to Vacate Dismissal based on, of all things, improper service of the notice of hearing. I would keep calling the Trustee's office. They do work hard and they usually have strange hours (because they must be in court). I would try 3 times a day (morning, late morning, mid-afternoon, and just before they "close"). Yep, that's four times a day.

[Indebt21]

Thank you so much if you're not an attorney you really should be you seem very very knowledgeable and I will keep you posted As to what happens

[flashoflight]

Why are you doing the 13 yourself? To delay but not stop a foreclosure (the only good reason to pro se a 13)? If you had hired an attorney at the beginning, the unsecured creditors would be paying for most of the fees unless they are being repaid 100%. And you'll probably overpay the creditors by more than the fees saved by being unrepresented unless you did a 13 in the past with a good attorney. You don't need to work with creditors at all to get your plan through. Are you really going to be able to pull this off? It's way way harder than a pro se 7.

I don't want anyone in the future to come in here and think it is a good idea to pro se a 13. It's almost always a terrible idea that will cost more money than the legal fees. JB did it. I don't think I could do it even though I know 13 pretty well.

In the future if you need to get a sample motion, go to the courthouse in person and do PACER searches on all of the local 13 attorneys for free and look at their cases until you find the motion you want and then print it to take home. Nobody knows the customs in your district and the instructions are hard for layman like me to read. So I like to look at other local attorney's motion on PACER, especially the better attorneys in the area.

[Indebt21]

We had to do the 13 pro se as are attorney had some personal issues in the 11th hr.
Here is the big question after multiple calls to the trustee and emails for the zoom log in to the confirmation meeting I still don't have a log in, if it is dismissed do you think the motion for consideration worded properly will get granted as i dont want the judge to think we blew off the hearing.
thank you all again your great!

[despritfreya]

Indebt21

Please stay on line!

Is this hearing a Motion to Dismiss or your 341 meeting or some other hearing - set for tomorrow at what time?

Des

[despritfreya]

Indebt21

Sorry you did not stay on-line. Hope this is not too late.


Assuming you are in Connecticut, and further assuming that the Hearing is on both, Confirmation of your Plan and the Trustee’s Motion to Dismiss the Notice you received for the Confirmation Hearing contained the same information as it relates to the Zoomgov videoconference. It appears that all Notices of Hearing in the bankruptcy court for your district have the following language:

ZOOMGOV REMOTE HEARING INFORMATION FOR PARTICIPANTS :

If you are the debtor, CM/ECF Filer, or CM/ECF User and will be participating in the above scheduled hearing, at least THREE business days before the scheduled hearing, you must contact the Clerk's Office for instructions to connect to the ZoomGov remote hearing by sending an email to the following court email address:

[email protected].

If you do not have an email address, you may call the Clerk's Office at (203)773-2009 for the instructions.

Even if you did not get the Notice for the Trustee’s Motion, you got the Notice for your Confirmation Hearing so you had the instructions. Your posts sound like you did attempt to follow the instructions. If you did, I cannot even venture a guess as to why you are having such difficulties.

You could also try emailing the judge’s courtroom deputy. A bit unusual, but in a pinch, such might be the best way. Do not discuss the case. Just indicate you have a Hearing and do not have the videoconference information.

It appears that only one judge has a Chapter 13 calendar for tomorrow, Judge Nevins. Assuming this is the correct judge, her courtroom deputy’s email is:

[email protected]

Good luck. . .

Des.

[Indebt21]

Des I did follow all the procedures however have not received any zoom login information, I will try and email the Deputy and hopefully can get an answer. Any advice on if I have no luck obtaining this information or I'm screwed.

What is stay in line

Thank you for all your help