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Modifying Plan...how long does this normally take?

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  • Modifying Plan...how long does this normally take?

    We are now a few months into modifying our plan due to my husband's raise. Is that normal? Our lawyer emailed us back Jan 9 with a much higher payment that was incorrect. I sent the corrections back and didn't sign anything until we got it fixed. They said our confirmation date was Feb 8th but we have not heard a peep from them since then. I've sent several emails and called and no response. Is that normal? I know we are just a number in the many cases they work on but it is very frustrating. Usually they are pretty slow but this is unprecedented. Will we get into trouble with the trustee if they put forth the bigger payment and we object because it's incorrect. We didn't sign the proposal because it wasn't correct so I don't think it would stand.

    I'm ok with waiting a bit as we are able to put away the little extra while we still can but I also don't want them taking the tax break we just got just because our lawyer is dragging her feet. Ugh. It's not much but it adds up per month and it would be nice to have that cushion. Sorry- just a little frustrated that we don't get to keep the well-deserved raise and may lose the tax break too.

    Anyone else have this experience?

  • #2
    A modification can technically take months. Remember, it has to go out to all the creditors and Trustee and then be set for a hearing. Any objections will cause more delay. I would expect 2-3 months for a modification unless it's something the Trustee agrees with before you even file the modification (and stipulated or joint motion to modify are faster).
    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 had to do a couple mods, typically took the court about a month.

      Comment


      • #4
        If the motion to modify the plan was filed and the confirmation hearing was Feb 8, then you should have heard something about the status. If neither the trustee nor a creditor objected, the modified plan would likely be approved and you should have been told to make the new payment. If there was an objection, then either the judge would have made a decision at the hearing or the hearing would have been continued to allow your attorney to respond to the objection by either changing the plan to address the objections, convincing the objector to drop their objection or filing a brief to convince the judge that the modification should be approved despite the objection.

        If your attorney told you on January 9th that you had a Feb 8th hearing date, that suggests that the motion for modification had already been filed. I wonder if your attorney filed it before giving it to you to sign. That is easy to do with everything being filed electronically, but an attorney should never file something that requires a client signature before the client actually signs. I don't actually know whether a motion to modify requires the debtor's signature, but the fact that your attorney gave you one to sign suggests it does.

        Have you called more than once and when was the last time you called? If the attorney won't return the call, I would contact his secretary and ask to schedule an appointment to discuss the status of the modification. If you can't even get a secretary on the phone, you may need to go to their office. You could also register for a PACER account to look up your case and see if anything has happened.

        In the meantime, I would spend as little as possible until you have a confirmed plan. Be prepared for the worst and hope for the best.
        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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        • #5
          I just noticed that this question was posted on Feb 1. jhy12, have you heard anything since then?
          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!

          Comment

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