Chapter 13-Notice to hearing of parties in interest

[Pumpkin729]

I received a letter from the trustee that we now have to appear in bankruptcy court. The hearing is for Chapter 13 trustee's objection to plan confirmation. Anyone have any idea of what is going to happen or be said at this hearing. The letter has about 25 case numbers including ours to appear. Court is set for Mar 24th 2005. Thanks

[HHM]

This is standard, invariably, there is some issue with the Petition or Plan that the trustee objects too. What specifically is the trustee objecting too. Whatever it is, if you fix it before the confirmation, then the plan gets confirmed. You should find out if, in your area, there is a "Pre Confirmation Meeting". At that meeting, you work out any issues with the Trustee and that will determine if you have an uncontested confirmation (meaning your plan gets confirmed), or a contested hearing. Also, whatever the problem is, the court will 90% of the time, grant a continuance to fix the problem.

If you have an attorney, just address the issue with him/her.

[Pumpkin729]

HHM.... The trustee's objections were the tax refund and repayment of a retirement loan. We told our lawyer that we would surrender the tax returns and the money that is being pay to the retirement loan. Our lawyer claims he did the paper work on this and sent it to the trustee. Why is the trustee objecting we agreed to what he wants? Unless our lawyer never sent the paper work to the trustee on this agreement. Does the trustee keep objecting until he get 100% for the creditors?

[HHM]

I can't speak for how things are done in your state, but it sounds like paper work crossed in the Mail. The objections to discharge are usually generated from the 341 meeting and will be sent regardless if your attorney submitted the changes. If your attorney submitted a new plan along the lines you suggested and there is nothing else wrong with you BK, you plan should be confirmed.

I understand this is a very stressful time, but your situation does not sound out of the ordinary and you probably have nothing to worry about. You should call your attorney and ask to see a copy of your new Chapter 13 plan.