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what does the confirmation document look like?

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  • what does the confirmation document look like?

    Hi everyone.
    So we have a confirmation hearing scheduled for August 21, 2017. Our first plan was rejected, so the trustee made an offer (we couldn't refuse... ... ... <little movie trivia there> ).
    We received documentation for the revised plan. My question is: what does a confirmation document look like? What details pertaining to the debtor's specific situation is included, which is not included in the modified plan?

    I ask because the modified plan:

    says nothing about submitting tax returns - though we will offer them anyway to the attorney
    says nothing about tax allowances - which infers they can be changed at any time, at will
    shows the payment plan terms - amount of ##, for X months; ## for Y months ,## for Z months
    shows the Total of Paymentson secured and unsecured claims
    says nothing about 'percentages'.
    I confirmed the Total of Payments is equivalent to the payment plan terms: #payments * payment values = Total of Payments

    So, is there additional information pertaining to the debtor's payment plan, or rules they must abide by, in the confirmation document, or is said document just a form letter?

    As a note - we requested the claims report from the attorney so we could see, and confirm, which creditors solicited claims, and perhaps more importantly, which did not. Naturally the attorney expressed irritation at our request. My diplomatic response while biting my tongue - 'hey we appreciate all your help, just send it when you can, thanks! '. My real response: we are paying you for your services. So get crackin! Sure most folks don't care about it (according to the attorney). But, we can compare that list to the original submission. If a creditor that never filed a claim comes back to us, we may be able to use that list as proof. Not sure if it's useful but we have it just in case.

    Thanks!

  • #2
    Confirmation orders differ by District. Most of them are "templates" where they add and modify certain core language to the Plan Confirmation Order. If it's not in the Order confirming the plan, then it doesn't exist (unless it's a provision in the plan itself).

    Your Plan is what you go by. The Order confirming plan just provides more details. Most districts don't put a percentage (%) payback because it simply does not matter. It's all about the Plan Base amount combined with the duration (term) and the payment amount.

    As for getting you copies of the claims... that actually costs $0.10 per page to pull from CM/ECF (PACER) and $$ to have someone download each one. Now, I will also say that I would hope that most attorneys download the claims anyhow and maintain them in the files. Alas, that's just my dream (along with that one for World Peace). I would expect a separate charge if I requested all the claim documentation (which can be hundreds of pages if you have mortgages, car loans and other complex promissory notes).

    I do have a personal PACER account so I know the pain of downloading hundreds of pages from the Claim Registry. (Maybe BestCase, a software package used by most bankruptcy attorneys, has a feature to automatically download them all and that would save some labor, but not the cost per page.)
    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


    I am not an attorney. Any advice provided is not legal advice.

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    • #3
      Thanks for the clarification JustBroke.

      Our claims report was 4 pages long. I asked the attorney for them, which he agreed to acquire. I do appreciate his efforts in getting it.

      The report was a list of the creditors and their claim amounts. We wanted to see what it looked like, what information was in it, and keep it as a reference for the future.

      We read at least one nightmare scenario on here so we question everything, turn over every stone, and triple check calculations in order to do our due diligence to prevent a moronic mistake from all parties. It's our problem, not theirs, so we need to cover our gluteus maximus with both hands.

      Yes, world peace would certainly be nice.

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      • #4
        I downloaded the boilerplate confirmation order from the Colorado BK Court website. Yours should look similar.

        http://www.cob.uscourts.gov/sites/de...s/3015-1.9.pdf

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        • #5
          Thanks switch!

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