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Confirmation Continued

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  • Confirmation Continued

    My confirmation was supposed to be today but the trustee wants a lot of things accomplished so it has been pushed to 27 Jan 18 with the revised plan due on 19 Dec 17. Most of the items are things the attorney needs to accomplish. I was told my payments will probably go up $200 which is not a big deal. The 6 month look back was from Aug 17 back and was wondering if the trustee will want to see current bank statements since then to see how spending is being accomplished, if he will want to see pay stubs again, or is the trustee just waiting for the items he wants fixed to be completed before he recommends confirmation. Anyone been delayed for a long period and the trustee ask for current information?

  • #2
    I have never read where a Trustee wants to know "how" you are spending between filing and confirmation. Confirmation can take a long time and most confirmations take 6-12 months. At least in the supermajority of Districts, the delay of confirmation doesn't lengthen your Chapter 13 Plan. (In a couple of Districts, your 36-60 months starts on the day of confirmation and not the day of filing.)
    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
      We filed in January 2016, and had our case repeatedly continued until September of 2016, when it was finally confirmed, No documents were requested in between.

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      • #4
        Originally posted by justbroke View Post
        I have never read where a Trustee wants to know "how" you are spending between filing and confirmation. Confirmation can take a long time and most confirmations take 6-12 months. At least in the supermajority of Districts, the delay of confirmation doesn't lengthen your Chapter 13 Plan. (In a couple of Districts, your 36-60 months starts on the day of confirmation and not the day of filing.)
        I believe in Maryland my time started with my first payment. I guess I shouldn't have said how we were spending but maybe wanting to know if expenses have changed. I was wondering if the trustee would want current bank statements since the ones provided in Aug will start to get old. For me it just seems since confirmation can take months that the trustee would want to see current data.

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        • #5
          Originally posted by dead13 View Post
          We filed in January 2016, and had our case repeatedly continued until September of 2016, when it was finally confirmed, No documents were requested in between.
          What was the reason for delay? Mine is the attorney needs to fix a few things and the trustee showed more funds available than what the attorney showed. I did not know confirmation could take this long.

          Comment


          • #6
            Everything should be based on your situation on the date you filed unless there have been significant changes to your income or expenses in which case you would tell your attorney about the changes and your attorney would decide wether you are required to report the changes.
            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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            • #7
              We were asked by our trustee to provide monthly income and expense reports for my wife's self-employment work from the first month post-petition up until confirmation. That was the only documentation that was asked for by the trustee between the 341 and confirmation. For the post-petition to 341 period, besides the monthly business reports, we were asked for previous year's tax returns that didn't make it into my petition (I filed in the Fall, 341 following Spring) and that was expected.
              Last edited by switch625; 11-01-2017, 07:12 PM.

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              • #8
                Originally posted by switch625 View Post
                We were asked by our trustee to provide monthly income and expense reports for my wife's self-employment work from the first month post-petition up until confirmation. That was the only documentation that was asked for by the trustee between the 341 and confirmation. For the post-petition to 341 period, besides the monthly business reports, we were asked for previous year's tax returns that didn't make it into my petition (I filed in the Fall, 341 following Spring) and that was expected.
                My wife has her own business and part time work but she is not included in the ch 13 so they have pretty much left her lone as far as asking for income reports.

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                • #9
                  It took almost two years for my plan to be confirmed. What's weird is Pacer, which is correct, says "Date filed: 12/02/2013 Date of last filing: 07/09/2016 Plan confirmed: 10/19/2015" NDC, on the other hand, says "Date filed: 12/02/2013 First 341 Meeting Date: 01/10/2014 Date Case confirmed: 2/10/2014. There was no reason, that I'm aware of, that delayed my confirmation. No documents were requested and my plan payment went up a whole $9 from $1378 to $1387.

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                  • #10
                    Originally posted by wd2005 View Post
                    It took almost two years for my plan to be confirmed. What's weird is Pacer, which is correct, says "Date filed: 12/02/2013 Date of last filing: 07/09/2016 Plan confirmed: 10/19/2015" NDC, on the other hand, says "Date filed: 12/02/2013 First 341 Meeting Date: 01/10/2014 Date Case confirmed: 2/10/2014. There was no reason, that I'm aware of, that delayed my confirmation. No documents were requested and my plan payment went up a whole $9 from $1378 to $1387.
                    WOW! Hope mine does not take that long.

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                    • #11
                      I have no idea why it took so long. Like I mentioned, the trustee didn't ask for any documents and my plan went up only $9. The judge in my case changed due to retirement. Maybe I just fell through the cracks? I just kept my mouth shut and made my payments. Since it wasn't confirmed, none of the money I sent in went to the creditors. When it was confirmed they all received a rather large single payment. Only 13 more to go!

                      Comment


                      • #12
                        Originally posted by wd2005 View Post
                        I have no idea why it took so long. Like I mentioned, the trustee didn't ask for any documents and my plan went up only $9. The judge in my case changed due to retirement. Maybe I just fell through the cracks? I just kept my mouth shut and made my payments. Since it wasn't confirmed, none of the money I sent in went to the creditors. When it was confirmed they all received a rather large single payment. Only 13 more to go!
                        13 more payment to go is awesome. I am doing the same as you did and keeping my mouth shut and sending my payments in on time. Staying under the radar seems like the best thing to do. My payment may go up by $200 but not too big of a deal if it does.

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                        • #13
                          Originally posted by knappyhead View Post

                          What was the reason for delay? Mine is the attorney needs to fix a few things and the trustee showed more funds available than what the attorney showed. I did not know confirmation could take this long.
                          No idea the reason for the delay. I think they might have been fighting over the valuation of a timeshare we bought for $1 and the plan payment. The actual payment ended up being $640 more than we proposed.

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