Nervous in OK

[southernmama]

We go our Ch 13 Meeting of Trustee this Thursday. Can anyone tell me what to expect? Our lawyer said the trustee may bring up my past gambling and students loans, which apparently trustees hate. I'm just afraid of going in there and the trustee will grill us. I'm just so nervous....

[justbroke]

Chapter 13 Trustees are usually more tame than Chapter 7 Trustees. You should expect questions about gambling, but only to the extent that it is "out of your system" and you don't do it anymore. As for student loans, I never read that any Trustee cared about those because they go automatically into deferment during the pendancy of the bankruptcy. For student loans, the provider would only get a "pro rata" (percentage) share of whatever DMI you have; and is why I say that student loans don't matter in Chapter 13.

I wouldn't be nervous at all. It is what it is and Trustees have seen and heard everything.

[LadyInTheRed]

Expect to answer a few questions and for it to be over before you know it. There is nothing to worry about. Just answer the questions honestly.

[southernmama]

Thank you guys so much! I'm just so afraid they are going to be like "Why did you do this?" or "Why did you do that?" and just look down on me. Our lawyer already told us the Trustee is not our friend. I just fear the unexpected.

[justbroke]

I have found that Chapter 13 Trustees are more concerned about your Plan of Reorganization than "why did you do that?"! Just by name, you are signing up to pay back your creditors as much as you can over the 36-60 months of the plan.

Stop worrying. (I know... easier said than done!)

[southernmama]

So today we received a "Application to Continue Confirmation Hearing". What does that mean?

[justbroke]

So today we received a "Application to Continue Confirmation Hearing". What does that mean?

In the super-majority of bankruptcy districts, confirmation hearings are continued automatically and usually until 30 days after the last day to file a claim. The super-majority of bankruptcy districts do this so that there is limited need for the judge's time, and courtroom time, to just simply keep continuing the case.

In Florida, every Chapter 13 case is continued 30 days past the last day to file a claim (for non-governmental units). It makes case administration a lot easier since the court can deal with intervening matters, such as lien strip motions, motions for relief form the automatic stay, motions to value, and other motions before confirming the Chapter 13 plan.

Oklahoma seems (procedural) very specific with their "Application to Continue Confirmation Hearing." In Florida, the continuation is done at the Initial Confirmation Hearing via an "in open court" motion to continue.

I would normally expect confirmation to take 5 to 11 months from filing. Please be aware, however, that Oklahoma may be special in how they do things. I would still add that Chapter 13 configuration hearings are often continued. Unless your "Application to Continue Confirmation Hearing" says otherwise, it's simply procedural.