We filed in mid-September 2005 but still have no received confirmation of our plan! I emailed our lawyer about it and she says not to worry...that the trustee is just busy because of everyone filing in October 05 before the laws changed. Does that seem right?? A YEAR to confirm?
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The courts aren't THAT busy. Did you have your 341 meeting? If you did, how did it go? Were any formal objections filed against your plan? Have you been making your payments to the trustee every month?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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This should not take a year. I filed in December and mine was not confirmed until July. That was 7 months. But it was longer because there were a bunch of modifications and things like that.
I would call your lawyer again and tell him it is not good enough to say "they are busy", tell him you want him to call and find out. That is what you are paying him for.Date Filed: 12/19/2004
341 Meeting: 2/8/2005
Date Case Confirmed: 7/12/2005
Closed on Refinance/Chapter 13 Buyout 8/23/06
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Yeah! I agree with the others here.
You should check your status on PACER and/or at the National Data Center for Ch 13 filers. See what's been posted as happening at either place.
The pre 10/15 filing rush is over. Most of those cases are settled and done with. You shoulda been Confirmed already. Maybe there's some sort of problem with your case, OR, your paperwork has been sifted to the bottom of the pile and is just sitting there. Could be as simple as your case had just been over looked.
Call that attny. Tell him to get off his butt and do the job he was paid for!!Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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Pacer should show it right at the header or top of the screen for your BK. It should have the parties who filed, the date filed and the date confirmed. It should be right at the top of the page when you access your file.Date Filed: 12/19/2004
341 Meeting: 2/8/2005
Date Case Confirmed: 7/12/2005
Closed on Refinance/Chapter 13 Buyout 8/23/06
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Other than our names, this is all it says at the top:
Case type: bk Chapter: 13 Asset: Yes Vol: v Judge: xxxxxxxx
Date filed: 09/26/2005 Date of last filing: 07/20/2006
I signed into the trustee's website which shows me how the payments were applied, etc. And it says the case is active...but then says "Case is not confirmed".
Guess I'll shot the lawyer an email. Sigh...I was thinking it was normal until I saw everyone's dates on here!Filed 9/26/05
341 Meeting 10/25/05
Confirmed UGH
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It could simply be an oversight on someone's part. Why you're not confirmed. And not any problem with your actual case.
You could also try calling the Clerk of the Court and have them check into what's going on. The Clerk may tell you quicker than your own attny.
And, very often, the Clerk of the Court can get cases that have just sat there Confirmed, Discharged, and/or Closed by the next day. They can give the old Trustees a kick in the butt so to speak.
Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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