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    Confirmation Order Question

    Hi! I'm wondering where I would see the things that the trustee put in my order that says how much debt I'm allowed to accumulate and if I have to show them my taxes etc ... (I know that I don't have to show them any of my taxes and I'm allowed to keep any money I get, but only because my attorney told me in an email) but I'm curious where it is documented? I'm looking at my confirmation order and the only thing on it is a section that says all property of the estate shall revest in the debtors. I shall not refinance, sell or otherwise convey my house without first obtaining an order of approval from the court.

    But other than that, the order says nothing else of consequence... it even has an "other provisions" section but its blank. The order is actually less than a page long... does this mean all I'm ordered to do is not sell my house?

    #2
    If something is missing from the confirmation order, then it does not exist. For example, confirmation orders which require tax returns and/or tax refunds to be given to the Trustee, will have it clearly documented in the confirmation order. Likewise, the confirmation order would not be silent on whether you can incur any debt. I would say that those provisions are usually missing in a 100% plan. I do not know why your confirmation order lacks those provisions.

    Usually the order confirming plan is longer than 1 page. It usually has, at least, a couple of pages of addendum that show all the claims that the Trustee intends to pay. This may also be just how that district works (by maybe incorporating standard language by reference).
    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
      Interesting... yea the actual document says page 2 of 2 .. the second page only has signatory places...

      this is all it says:
      1) the plan as filed or modified is CONFIRMED.
      2) upon entry of this order, all property of the estate shall revest in the debtors. Notwithstanding such revesting, the debtors shall not encumber, refinance, sell or otherwise convey real property without first obtaining an order of approval from this court.
      3) All funds received by the trustee on or before the date of an order of dismissal shall be disbursed to creditors, unless such disbursement world be deminimis, in which case the funds may be disbursed to the debtors or paid into the treasury registry fund account of the court at the discretion of the trustee. All funds received by the chapter 13 trustee after the date of the entry of the order of dismissal shall be refunded to the debtors at their address of record.
      4) Notwithstanding any language contained in the plan, the deadline to file objects to claims is governed by eastern district of viriginia.
      5) The holder of each secured claim provided for in paragraphs 4A or 4D of the plan shall retain the lien securing such claim until the earlier of i) the payhment of the underlyhing debt determined under nonbankruptyc law of ii) discharge under section 1328 of iii) such lien is otherwise avoided by separate court order entered in this case or associated adversary proceeding. If this case is dismissed or converted without completion of the plan, such lien shall be retained by such holder to the extent recognized by applicable nonbankruptcy law.
      6) Other provisions:

      And then #6 is empty. And that's it.... sounds like its a bit odd?

      Comment


        #4
        Looks like you have to reference your actual plan. In my district, the order confirming plan includes all the plan language. It appears that your order confirming plan references back to the actual (last modified/filed) plan.
        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


          #5
          Ah! Ok... that makes more sense. Thanks. I did find one section in my plan that talks about incurrence of indebtedness and it says I can't get more than 5000 ... is that a lot? I thought I've seen other people's say like 500 or something.

          Comment


            #6
            Originally posted by NoMoney30 View Post
            Ah! Ok... that makes more sense. Thanks. I did find one section in my plan that talks about incurrence of indebtedness and it says I can't get more than 5000 ... is that a lot? I thought I've seen other people's say like 500 or something.
            Yes, $5,000 is a LOT in a Chapter 13. In many jurisdictions, debtors can't incur any debt (or a maximum of only $500 in some cases) without permission.
            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
              Hmm... well my case has been the odd duck since the beginning anyways... our second car is basically a pile of metal right now and it needed like 2000 to get it working again... so I wondered why my attorney was like just get it fixed! And I was like how am I supposed to do that?! His response was just like find the money or something..but I guess he meant charge it. We didn't do it though, its still just sitting there.

              I'm also the rare case where I have multiple credit cards that survived and still work. My USAA cards at 15k each are still working. I bank with USAA also ... my Penfed Credit Union 35k card survived and I have a Partners FCU card at 15k also that survived. Not using it of course! But I have charged and paid off amounts on them to keep them active.

              Comment

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