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    Pacer Case look up and Objection

    Hello everyone!

    Here I am again.

    We had an objection during the 341 meeting and the lawyer said that we will receive a revise form to sign with new numbers but we did not.
    Still waiting to hear from lawyer as our confirmation hearing is coming. No news if the hearing has been re-scheduled.

    What happens if there is an objection during the hearing? How do you prove that the numbers and living situation expenses are real numbers (have proof) if the trustee doubts it?

    Also, I am looking up our case online using Pacer. I am probably doing it wrong because I don't see any info.

    Help please!

    I am so anxious!

    Thank you!

    #2
    Please stay out of PACER! You could become dependent and rack up quite a large bill. We call it becoming a pacer-holic. I once suffered from that expensive compulsive habit.

    Since you are represented let your attorney handle this. Things are not so fast in bankruptcy, in general, and certainly not in a Chapter 13. Since the Trustee didn't like the numbers then your attorney works on them (as you wrote the attorney revised them) and sends them back to the Trustee.

    While this is all happening, you continue to make your plan payments. It's that simple.

    You paid your attorney to do the worrying and it appears that they are handling the follow questions for the Trustee. It is actually very common for the Chapter 13 Trustee to poke around a little and question things. If you have vehicles, with loans, expect the lenders to complain too. Expect one objection to confirmation for each lender where you're trying to "modify" their rights (e.g. a cramdown on a vehicle, a lien strip on a junior mortgage, or even changing the interest rate on a vehicle). These are quite common and part of the process.

    How do you prove numbers? If there are additional questions, not objections, at the 341 Meeting then the Trustee can ask for follow up or documentation. If the Chapter 13 Trustee truly objects to your Chapter 13 Plan then the Chapter 13 Trustee would file a more formal Objection To Confirmation of Plan or a similar motion. But, once again, this is standard practice and it's easy to become concerned about such language such as objection, motion, opposition and others because it's part of "motion" practice. It is the paperwork that keeps everyone on notice.

    To get to confirmation is a negotiation. It's a negotiation between the debtor and the Trustee. If, after trying for some time to come to an agreement (Trustee thinks the plan is "ready" for confirmation), then the debtor (their attorney) and the Trustee go before the judge and hash it out.

    I hope that helps clarify how the Chapter 13 Plan confirmation practice works. It is much more detailed than that and is a hypertechnical tightrope dance to get a confirmed plan. That's why plan confirmations take 6-12 months in most jurisdictions (there are a couple where they do confirmation at the 341 meeting "regardless" of open issues). Most of the jurisdictions that take their time, allow for every motion to be heard before confirmation so that there are not as many motions to modify an already confirmed plan. I like that method!
    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


      #3
      Originally posted by justbroke View Post
      Please stay out of PACER! You could become dependent and rack up quite a large bill. We call it becoming a pacer-holic. I once suffered from that expensive compulsive habit.
      Thanks for reminding me. I needed that! I thought you won't be charged if your bill is less than $15?


      Originally posted by justbroke View Post
      How do you prove numbers? If there are additional questions, not objections, at the 341 Meeting then the Trustee can ask for follow up or documentation. If the Chapter 13 Trustee truly objects to your Chapter 13 Plan then the Chapter 13 Trustee would file a more formal Objection To Confirmation of Plan or a similar motion. But, once again, this is standard practice and it's easy to become concerned about such language such as objection, motion, opposition and others because it's part of "motion" practice. It is the paperwork that keeps everyone on notice.
      In our case the trustee formally filed an objection. The trustee questions the amount we give to my FIL as part of "rent" on his portion of the house since the house is both on his and my spouse (50/50). The trustee thought the house was "given" to us although it is not the case. We don't have any formal thing in writing but we have proof of payment monthly all through the years.

      We are just on edge and anxious until this plan gets confirmed! I have to remind myself to breathe and not to worry too much!

      Thanks again!


      Comment


        #4
        Hi...that is true...you can have $15 before you are charged. Without reading everything...look to see if there are any new documents and only open if it’s what you’re waiting for,
        Filed Chapter 13 - 07/20/12
        Discharged 8/2/16

        Comment


          #5
          Originally posted by Witchywitch View Post
          We are just on edge and anxious until this plan gets confirmed! I have to remind myself to breathe and not to worry too much![/FONT]
          We're here with you.
          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
            I to am a pacer addict but I'm all over other people's cases lol. FYI, Pacer lowered their fees probably in response to a lawsuit. Here's an article: https://www.abajournal.com/news/arti...retired-judges

            Comment

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