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Confirmation Hearing Tomorrow and problems

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    Confirmation Hearing Tomorrow and problems

    My confirmation hearing is scheduled for tomorrow. 341 meeting was six weeks ago. Everything went great. No issues were brought up. My attorney said if they weren't happy with the proposed plan I would hear within a few weeks of that meeting. Never heard anything. Today my attorney called to let me know that a note was posted today on the account stating I have more disposable income and that my payment is DOUBLE what was proposed. I've already made three payments. Just doesn't seem normal that we never heard anything. If they weren't happy with what was proposed wouldn't I have been notified? My attorney said this has never happened to him before. He noticed the note after hours and wasn't able to call and question it. He said he may have to file a motion to postpone the hearing. Curious if anyone has run into similar issues?

    #2
    Chapter 13 Trustees are interesting mainly because they have staff attorneys who actually handle the individual cases (unless they are special). The actual Chapter 13 Standing Trustee may actually take some cases on themselves, but their staff attorneys typically manage cases in larger districts. So you could just have a Trustee that was out on vacation or otherwise, or just inundated with things to do.

    Yes, it's typical that you find out early that the Trustee doesn't like the disposable income (DMI). Your attorney would normally work with the Trustee to determine the right number or your attorney could decide to "fight" the Trustee before the judge instead. It looks like you had a last minute "objection" to your plan payment and your attorney is on top of this!

    Personally I have attended hearings on the plan thinking one thing and not find out that the Trustee had a totally different idea in their head. At one point, I had to tell them that they calculated wrong, and the Trustee himself interjected and said their system was correct. I let them know that it couldn't be correct and he had his staff attorney check their internal system; I was correct in my calculation... they were off by $300/month. It happens. But my calculation difference doesn't mean that anyone else would have prevailed... I'm just very meticulous and use lots of spreadsheets.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      My situation is a little like yours. My Trustee sent an objection saying I underestimated my income and want Schedule l redone/modified. I still have some weeks before my confirmation hearing. Still not sure what this means but my lawyer is working on it.

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        #4
        reig6686, sorry for your last minute news. Please let us know how things go.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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