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Confirmation Timeline in AZ!!

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  • Confirmation Timeline in AZ!!

    I filed at the end of May how long does it take to be confirmed. I am going crazy waiting!! The attorney says the deadline for trustee recommendation was October 6, it is now October 30, and we have heard nothing. Do deadlines mean nothing??
    Last edited by LadyInTheRed; 10-31-2014, 11:44 AM. Reason: To make title more specific.

  • #2
    I filed my 13 last November. My 341 meeting wasn't until March. My first confirmation hearing was scheduled in April and then it got "continued" (rescheduled) to June and then to late July when I finally got my 13 confirmed, 8 months later. Your initial notification from the BK court should clearly state the confirmation hearing date ( I don't ever recall seeing a "trustee recommendation" deadline in docs I received from the BK court, but maybe that's a practice in your district, or is that the common term for confirmation hearing for your district?) Continuations of the confirmation hearing are not unusual. In my case they were necessary because I had to submit an amended plan after the first confirmation hearing and delayed confirmation to allow for proper service to creditors of the amended plan and their review (and objection, which didn't happen)

    There are very knowledgeable folks here that can provide more insight into the process from post-341 up to confirmation (and associated speed bumps) better than I can.

    Comment


    • #3
      despritfreya could probably tell you what the average confirmation period is for Chapter 13s in Arizona. In Florida, the final confirmation (hearing) is usually around 6 months after filing. There are some that linger a little longer but many Districts wait for two things; the non-governmental claims bar date, and the governmental claims bar date. Also, the majority of Districts wait until all things that could be adjudicated before confirmation are adjudicated. This includes lien strips, cram downs, and any other contested matters. Most Districts want a "clean" confirmation.

      I believe that Arizona is such that your plan duration is based on when you filed and not confirmation. So you should not feel bad or need to worry (too much) about a plan not being confirmed for months as it would not effect the length of time that you are in the plan. (In some Districts, the plan duration is measured from confirmation.)
      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


      • #4
        I filed in Feb 2010 and it was confirmed in May 2010, I guess each situation is different as is each district.
        Chapter 13 Filed Feb 2010, Confirmed May 2010
        Last payment made Dec 2014, Awaiting discharge

        Comment


        • #5
          Yes. Some Districts even confirm right after the 341 Meeting (even on the same day). It is strange how the different Districts interpreted the code! The BK code reads that the confirmation hearing "may be held not earlier than 20 days and not later than 45 days after the date of the meeting of creditors under section 341 (a)..." In our Districts in Florida, we hold a preliminary confirmation hearing about 30 days after the 341 Meeting, but it is ALWAYS continued unless the case is ready for confirmation and the Trustee has issued a recommendation. Of all the cases that I have reviewed (hundreds), I have yet to see one confirmed at the preliminary confirmation hearing. I suppose it can happen if the case is very simple (no real estate and no motor vehicles).
          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
            Yes, this definitely varies by court. My court is one where a plan can be confirmed on the day of the 341, like mine was. The clerk serves notice of the plan at least 28 days before the 341 and objections must be made before or at the 341. If there are no objections, the plan is confirmed. The timeline will be extended if you amend the plan before confirmation because creditors and the trustee have 14 days after an amended plan is served to file an objection.

            I looked at the Arizona local rules. It looks like a confirmation hearing is not required if there are no objejctions. The debtor submits a proposed order confirming plan to the trustee. The trustee has 30 days to approve it and upload it to the court or give a good reason why s/he hasn't. Presumably, the judge then signs it which I would think happens pretty quickly after the trustee uploads it.

            If I understand the rules and your timeline correctly, then your attorney probably would not have submitted an order to the trustee any earlier than October 7. I bet you'll have confirmation in mid or late November. If you haven't heard about an objection, you have nothing to worry about unless you have an attorney who is very slow to communicate. Relax and keep making your plan payments.

            You can download the local rules by clicking: http://www.azb.uscourts.gov/Documents/LR2084.pdf Look for Rules 2084-9 through 2084-13.
            Last edited by LadyInTheRed; 10-31-2014, 11:54 AM.
            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


            • #7
              We are in Arizona. We filed in August 2012. We had the 341 in September 2012. Didn't hear anything from the trustee until May of 2013 when s/he asked for additional information. The order was confirmed in October 2013. There was no confirmation hearing.

              Comment


              • #8
                Wow that took awhile. I know just keep making my payments but it would be nice to have it confirmed. Whoever came up with chapter 13 had to be shot!!

                Comment


                • #9
                  Below you will find the Local Rule relative to the confirmation of the Plan. I can tell you that the two Phoenix Trustees do not follow 2084-10 and issue Recommendations when their staff gets to it due to the workload they have. I do not know if the Tucson Trustee follow the rule.


                  Trustee Maney issues Recommendations relatively quickly and much closer to the Rule requirement. Trustee Brown takes his time.

                  Des.

                  ___________________________

                  Local Rule 2084-9

                  (a) Time for Filing Creditor Objection.

                  (1) For an original or amended plan, or pre-confirmation motion for a moratorium, the deadline for a creditor to file an objection to confirmation is 14 days after the date set for the meeting of creditors or 28 days after service, whichever is later.

                  Local Rule 2084-10

                  Trustee's Recommendation / Objection

                  (a) Trustee Recommendation. For any plan or motion for a moratorium, the case trustee shall file a recommendation / objection by 28 days after the date set for the creditor objections.

                  (b) Debtor Compliance or Dismissal. The debtor shall comply with any requirements stated in the case trustee’s recommendation/objection requesting documentation or information, to move the case procedurally toward confirmation of the plan, or to pay any delinquent plan payments. The debtor shall comply with the case trustee’s requests within 30 days after the case trustee files the recommendation/objection.

                  Comment


                  • #10
                    We have Brown, I can't believe they don't have to follow the rules. Guess I will just sit back, relax and wait.

                    Comment


                    • #11
                      We had Brown. While the confirmation took 18 months, his office was very helpful when we filed a petition to sell our house. I had the order for the court completed at the hearing. An attorney from his office attended the hearing and took the order I had ready, made a very few changes and filed it with the judge since his office could file electronically and we couldn't.

                      Comment

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