question on negotiations before confirmation

[quietsound]

what happens if you and your lawyer are still negotiating and working on your plan and you run out of time while the two of you are still working to make the plan work and your confirmation hearing comes up? what happens then? do they delay the confirmation hearing? if both sides are still working and changing to make it work why would you need a confirmation hearing

[HHM]

Both sides need to agree to continue the hearing. Otherwise the judge will rule in accordance with the trustee's recommendation (unless your lawyer shows up and convinces the judge otherwise).

Trustees will usually accommodate the rescheduling of the confirmation if you two are still trying to work something out, but you need to make sure to ask the trustee and get their agreement to reschedule before the scheduled confirmation hearing.

[lrprn]

The other option is that your confirmation hearing will be held, but your case will remain unconfirmed. This is what happened to our Ch 13 because the trustee and our lawyer could not reach an agreement before our confirmation meeting.

After the confirmation hearing, we had a pre-trial hearing with ourselves, the trustee, our lawyer, and our bankruptcy judge two months later, but the trustee and our lawyer couldn't reach a compromise then either. Now the trustee and our lawyer have filed briefs and eventually we'll be the test case for our district to make case law. The two problem areas are our mis-matched Schedule I vs J and how the mismatch impacts deciding on a Ch 13 payment amount, and whether it's permissable to pay back money hubby borrowed against his retirement before we filed and still continue to make active contributions to our retirement 401Ks during our Ch 13 as well. We are waiting to hear when our court date is scheduled - our lawyer said it could be months yet. Until then, we just keep making our monthly trustee payments and keep low under the radar

[quietsound]

wow, you must be a wreck! Ours just has to do with the fact that some of the creditors are listed as individual on the schedules and the trustee says they are joint but we signed a paper saying that I use all the cards and he has not. This is what the trustees paralegal wanted us to do, so we did it on monday and have not heard anything else yet about it and the pacer still says turndown from 2/9 and our hearing is on 3/6 and if the trustee is against accepting that, we will have to add it in. i myself don't give a rats behind if we have to add it in , i just want this stupid thing done and over with

[HHM]

wow, you must be a wreck! Ours just has to do with the fact that some of the creditors are listed as individual on the schedules and the trustee says they are joint but we signed a paper saying that I use all the cards and he has not. This is what the trustees paralegal wanted us to do, so we did it on monday and have not heard anything else yet about it and the pacer still says turndown from 2/9 and our hearing is on 3/6 and if the trustee is against accepting that, we will have to add it in. i myself don't give a rats behind if we have to add it in , i just want this stupid thing done and over with

That is such a weird issue to me. I guess I don't understand why it would even matter if the accounts were joint or individual? (and that is saying something coming from me ) I know you posted about it other threads, but I don't see why it would be a problem in the first place.

[quietsound]

Because we filed jointly, and we are married owning a house that is deeded tenants in its entirety which means legally during bankruptcy in a chapter 13. we are only responsible to pay back JOINT unsecured creditors along with secured creditors. all indivdual unsecured claims get paid back at 1% and the joint and secured get paid back at 100% THAT'S why it's a big deal.