Confirmation Hearing question

[ladytazz]

We received our letter today for our confirmation hearing. The letter states that we are requested to appear. After our 341 hearing, our attorney said we might not have to appear, that only the attorney would. Does this mean that there might be a problem. The trustee didn't object to anything at our 341 meeting. In the Trustee's Report to the Court that I got off of Pacer, it just says that to set the Confirmation Hearing Only after the Claims Bar Date. Could someone tell me what the Claims Bar Date is?

THanks

[aa06a47]

The claims bar date is when the time expires for any creditor to file a claim. Has any creditor filed an objection? Based on your initial note, Pacer should show this information, as well as if the trustee files an objection.

It is hard to answer your question because most bankruptcy courts do things there own way. I was confirmed before I even knew there was a confirmation hearing set up. I have read that some bk courts require the debtors to show up at the confirmation hearing so they understand the gravity of the situation. Good luck, and keep us informed.

[lostsoul23]

If I were in your situation, I would plan on going. I would also notify my attorney that I rec'd that letter. As aa06a47 stated, the courts will do things there own way, just depends. I had to attend my confirmation hearing when I had tried a 13, (long story in itself.) You want to go on the side of caution though, you wouldn't want the case dismissed or anything like that because you didn't go. I would call the attorney first and go from there.

Best of luck.

[HHM]

Usually if you are represented by an attorney, the debtor need NOT appear at the confirmation hearing. Especially if no objections have been filed. And even if objections have been filed, 95% of the time, they are worked out between your attorney and the trustee before the confirmation hearing, and therefore, you need NOT attend.

But to be on the safe side, you should at least be prepared to attend, but you probably will not have to.

[ladytazz]

We're definately planning on going to the hearing. I'm not doing anything that would cause this to be dismissed. No creditors showed up at our 341 hearing to object, and the Trustee didn't seem to question anything on our paperwork, she just said to set the confirmation date after the Bar Claims Date. I'm probably just getting worked up over nothing. But after reading some of the horror stories from other posters on the forum, I'm always looking for the "worst case scenerio".

THanks for the information and the help. This forum has been a lifesaver for me.

[quietsound]

when is your confirmation hearing? I have to go to mine because the trustee can't make up his mind if he wants to add certain creditors in or not and so he's making the judge decide so i have to go to mine on tuesday.........i'd RATHER stay home though.

I myself would go to yours....anyway, i don't think they can dismiss a case unless they do a hearing specifically on dismissing....i think that when you go to the hearing it's only specifically what the hearing is about. i could be wrong though.

[ladytazz]

We talked to our attorney. He said that it was just a form letter that was sent to us. We need to contact him the first of May to see if we have to attend or not.