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Finally Will Be Confirmed

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  • Finally Will Be Confirmed

    My attorney advised me today that the trustee stated I will be confirmed. The conformation hearing is tomorrow and when she called today he said he does not need to see her and everything is now in order. So what does this mean? Will I get documentation on the confirmation? The attorney told me it will come out of my pay but to keep paying as usual as there is lag time to have it deducted. What can I expect now? Started Aug 14th, went through an audit, and in a little over 5 months everything seems to be ok.

  • #2
    There's no way to project when the payments will start being automatically taken from your paycheck. There is typically a "Wage Deduction Order" (WDO) that is issued as part of confirmation and that WDO is sent to your employer. Your employer could take one or two pay cycles to get that processed depending on both its size and efficiency. I was with an extremely large employer (more than 100,000 employees) and the bumbled it the first time, so my deductions didn't start for over 6 months. IN the means time, check your paycheck before sending in the money to the Trustee. You may be paying through a payment web site which makes it easier than mailing a check.

    As for the confirmation hearings, most of them are very informal and things are "read" into the record for cases where the Trustee is okay with confirmation. This means that an attorney and a client that were told by the Trustee that they are okaying the confirmation, neither need to attend the confirmation hearing. The only time to attend a confirmation hearing is when there are objections to the confirmation.

    The time between the confirmation hearing, where the judge must enter an order granting confirmation, and the actual order of confirmation (which contains the Chapter 13 Plan -- or references that same plan -- and the creditors being paid through the plan) may take some time. My order took an additional month from the confirmation hearing. However, you're still bound by the terms of your Chapter 13 Plan. (The confirmation order will either summarize, supersede, or reference the Chapter 13 Plan.)

    Other than that, keep your head low and your payments on-time. With the WDO you shouldn't have an issue with on-time payments!
    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
      I got a copy of the CO a day or two after the confirmation hearing. My attorney emailed it to me.
      Filed Ch 13 Fall 2013, 60 month plan

      Comment


      • #4
        In Pacer as of 24 Jan 18 it states "Disposition Without Hearing: Amended Chapter 13 Plan PLAN IS CONFIRMED". Does this mean officially the plan is confirmed? What does it mean without hearing? I just want to lay low, make payments, and get this over with.
        Another question I have is how do I know how much each creditor will get paid? I hear some are on a 100% plan but how does one know how much is being paid back?
        Last edited by knappyhead; 01-28-2018, 09:10 AM.

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        • #5
          Reads exactly as though the plan was confirmed. In my district, they do something like a "rocket docket" where the judge is not present, but they are in the courtroom with the judge's clerk. They "read in" things that have no issues to be confirmed into the record. Since the judge is not present and nothing is otherwise presented, the read in counts as confirming the plan. This process allows for efficiency in the court for things that can be confirmed or disposed of without the judge present (or a hearing).

          Now you lay low and make your payments.

          You don't need to know how much each creditor is getting paid and the percent payback does not matter. If you are curious, you can sign up for a free account at National Data Center (ndc.org) and watch any progress of Trustee payments.
          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


          • #6
            Originally posted by justbroke View Post
            Reads exactly as though the plan was confirmed. In my district, they do something like a "rocket docket" where the judge is not present, but they are in the courtroom with the judge's clerk. They "read in" things that have no issues to be confirmed into the record. Since the judge is not present and nothing is otherwise presented, the read in counts as confirming the plan. This process allows for efficiency in the court for things that can be confirmed or disposed of without the judge present (or a hearing).

            Now you lay low and make your payments.

            You don't need to know how much each creditor is getting paid and the percent payback does not matter. If you are curious, you can sign up for a free account at National Data Center (ndc.org) and watch any progress of Trustee payments.
            Thanks justbroke. I am signed up for the NDC and will see how payments go once they start. The only payments I have seen are to the trustee. Time to lay low. At least I get to keep my tax refunds. Trustee just wants copies of the returns but stated I can keep the refund.

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