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Objection to Confirmation of the Plan

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  • Objection to Confirmation of the Plan

    I just checked on pacer that the trustee is objecting to the plan. What happens next? I have been dealing with this since July and it just seems to be getting worse and worse. First they said no to 7 now we convert to 13 now this. I am just ready to throw in the towel. I will be contacting my lawyer tomorrow.

  • #2
    You have to read the details of the objection in order to understand just what the Chapter 13 Trustee does not like. Some Trustee object just because there is no language that tax refunds would be surrendered to the Trustee, even though that's boilerplate language in the actual order confirming the plan. The Trustee may think that the math is wrong. Many Trustees make a blanket objection and state that they can't determine that your plan is feasible (again, boilerplate). Some objections may also be specific to your disposable monthly income.

    It is quite common for these objections in a Chapter 13. My Chapter 13 Trustee objected to some things but they, again, were boilerplate. My response was priceless in that I responded and wrote that the objections were without any merit because the plan was feasible, the tax refund requirement is standard boilerplate in the actual confirmation order, and something else. We now have "model" plans here in most of Florida and the Trustees still object.
    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.

    Comment


    • Izz918
      Izz918 commented
      Editing a comment
      Thank you Justbroke. I just copied what was written on my paperwork..
      The Trustee objects to confirmation of the debtor’s Plan on
      the grounds that the Plan does not provide that all of the debtor’s
      projected disposable income to be received will be applied to make
      payments under the Plan. See 11 U.S.C. §1325(b)(1)(B)

  • #3
    So do they want more money per month? I was feeling relived after the 341 now I am back to being a ball of nerves.. .

    Comment


    • #4
      Originally posted by Izz918 View Post
      The Trustee objects to confirmation of the debtor’s Plan on the grounds that the Plan does not provide that all of the debtor’s projected disposable income to be received will be applied to make payments under the Plan. See 11 U.S.C. §1325(b)(1)(B)
      Exactly. I'm thinking it may be boilerplate until they determine the final disposable monthly income (DMI). This is a very common objection and, unfortunately, many times it is standard boilerplate. By boilerplate I mean that the Trustee always objects and always objects for a number of reasons. In my District, they have a boilerplate where they select certain things in their "template" and it generates an objection. In nearly all the Chapter 13 cases, the same exact language is used in every single objection and that's why I surmised that it is nothing more than boilerplate/template.

      Your attorney will work to "overcome" this objection or defend any numbers on your Means Test and/or Schedule I/J.

      Funny, that they didn't even ask for more money which further reinforces my belief that this is boilerplate and this is to make sure that the confirmation is delayed. But don't fret my confirmation took 7 months from filing. It is quite common for confirmations to take from 6-12 months (as a median time range). Unless you're in Michigan (I think it's Michigan), your plan duration will always be measured from your filing/date of conversion date and not from confirmation date.

      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.

      Comment


      • Izz918
        Izz918 commented
        Editing a comment
        Thank you again... I feel better knowing this is common. I know my lawyer will work with this situation. I just want to not stress over this anymore. Good to know it from the conversion date.

    • #5
      Spoke with my lawyer and she said the trustee objects almost every case she has and other lawyers have. Glad to know it wasn't just me

      Comment


      • #6
        Originally posted by Izz918 View Post
        Spoke with my lawyer and she said the trustee objects almost every case she has and other lawyers have. Glad to know it wasn't just me
        Exactly. Boilerplate. I hate it. The same thing happened in my case with boilerplate "we always object to everything" objections by the trustee. I'm glad that your attorney has allayed your fears.

        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.

        Comment


        • #7
          Mine was objected the first time as well. The reason was the trustee stated my deductions were not right and he wanted them adjusted. He stated I was getting too much back in tax returns so I had to adjust my withholdings which gave the trustee and extra $300 per month. Another was my attorney was required to submit documents to my car company that was being cram down and needed to be annotated in the plan with the documentation. Everything the trustee objected to was fixed and the plan was re-resubmitted in Dec 17, and the confirmation hearing is in Jan 18. My attorney stated the trustee always objects the first time but she corrects what he objected to and the plan is normally confirmed the second time unless the trustee sees another issue. My account was selected for an audit which I passed with no misstatements so I hope that carries weight as the trustee knows my income, taxes and other financial data was validated as true. The only thing I did not like is my payment went from $1,000 to $1,697.00. Still a lot less than I was paying before when paying the bills on my own.

          Comment


          • Izz918
            Izz918 commented
            Editing a comment
            My confirmation hearing is Jan 17 hopefully it will go smooth unless they postpone it.

        • #8
          My 13 was rejected the first time too. I had opened a new bank account which didn't show adequate deposits to cover my plan payment. I had to bring copies of my prior checking account. Once the trustee got those he approved.

          Comment


          • Izz918
            Izz918 commented
            Editing a comment
            My trustee did not ask for any new information. I am leaving it in my lawyers hands that's what I pay her for.. It is good to know I am not the only one... lol.. Glad it was approved...

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