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Surprise Phone Call - CONFIRMED!

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    Surprise Phone Call - CONFIRMED!

    I'm on my way to work, so this will be quick. Our Confirmation Hearing was scheduled for tomorrow. Needless to say, I have had knots in my stomach all day. I just finished printing the directions to the court house and the phone rings. It's our attorney. Our plan was confirmed!!

    The only downside, is the 5 year ticker actually starts tomorrow. We've already made 4 payments to the Trustee. At least it will be an easy day to remember - April 15 - tax day.

    #2
    Isn't there something in the BK statute that says the 60 month plan starts at first payment? Or is that another district to district thing? It looks like that would be an incentive to trustees to hold of confirmation as long as possible.
    May 2008: Filed Chapter 13
    Jan 2010: Plan Amended and Confirmed! finally plan funds = total funds due!
    Jul 2013: 5 years done! Trustee set to discharge! Woo hoooo!

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      #3
      Congrats on getting confirmed. Bummer that the clock starts ticking when the plan is confirmed (heard that from other posters too)...but at least you've got the "ball rolling"
      May 2008 Hired 1st Attorney/Stopped paying CCs
      May 21, 2009 Retained 2nd Attorney
      May 28th - Filed for Ch 7 (FINALLY!)
      9/11/09 - DISCHARGED!!!!

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        #4
        Yay! That's what happened with my confirmation too! My attorney called a day early and that's such a good feeling.
        Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
        Motion to Discharge: FILED!! 08/07/13
        60 down/0 to go \m/(*.*)\m/ 100% complete!

        Comment


          #5
          Originally posted by holding on View Post
          Isn't there something in the BK statute that says the 60 month plan starts at first payment? Or is that another district to district thing? It looks like that would be an incentive to trustees to hold of confirmation as long as possible.
          It might be that the OP's lawyer and trustee negotiated and reached a compromise before their confirmation hearing that rolls in the first four months of payments into a newly confirmed 60 month plan.

          Ask your lawyer for the details about how this happened, GMOH.
          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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            #6
            gotcha Lrprn! I just think its robbery when the statutes say a plan should be 60 months and yet there's a few months more people are actually paying.
            May 2008: Filed Chapter 13
            Jan 2010: Plan Amended and Confirmed! finally plan funds = total funds due!
            Jul 2013: 5 years done! Trustee set to discharge! Woo hoooo!

            Comment

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