I have yet another question........ My attny told me that he will find out how much my Ch. 13 payment will be about a week before we actually file. How is that possible? Doosen't the trustee say how much I'll pay back? How can we get an exact dollar amount when we haven't even filed yet?
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dosen't the trustee do that?
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Originally posted by doglover View PostI have yet another question........ My attny told me that he will find out how much my Ch. 13 payment will be about a week before we actually file. How is that possible? Doosen't the trustee say how much I'll pay back? How can we get an exact dollar amount when we haven't even filed yet?
The proposed payment filed with your case is what you pay until your case is confirmed during your Ch 13 confirmation hearing which happens a month or two after your 341 meeting. The big majority of Ch 13 cases are confirmed by the trustee for the original payment amount proposed by your lawyer.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
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Originally posted by KellyBerg View PostHi, I was wondering that as well. My attorney said that my payment is confirmed at my 341. Which is correct?
Most experienced Ch 13 lawyers have a very good idea whether you are going to have trouble with the trustee, creditors, or both around your plan even before your 341 meeting. These lawyers are very familiar with what will fly and what may cause a problem because of long experience filing cases with your bankruptcy court and inside your district.
Also Ch 13 lawyers are in frequent contact with the Ch 13 trustee in their court area - it's quite an "old boy" network - so there are many discussions between your trustee and your lawyer surrounding potential issues long before the confirmation hearing happens to resolve differences of opinion without having to go to the judge for a ruling.
Frankly you'll see more problem Ch 13s discussed here in the forum because folks come here to understand the issues causing objections to their plan better. However overall when looking at all Ch 13s, very few Ch 13s get objections from the filer's trustee or creditors. Most plans with their monthly payments have smooth sailing from 341 to confirmation hearing. Chances are very good you'll be one of these, so don't worry!
Hope this helps explain things better!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
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At our 341 meeting we brought our cashier's check, made in the amount of what came out from I and J.
The trustee ran the numbers and bumped up our payment slightly, it was a small math adjustment in regards to the cram down of our car. He looked at us and said if we agree to the new amount, he has no other issues or objections. We thought for a moment and agreed. Our plan will be confirmed next Tuesday (one month after our 341).Filed 07/07, $120k unsecured debt
Plan: $400 (includes cram down) 60 months
Brilliant attorney, decent trustee, awesome plan
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