Notice of Hearing - What does this mean?

[nojusticehere]

I filed a motion to convert from 7 to 13 On Mar 15. Went to the 341 yesterday and advised the court of the motion. Today on PACER there is a "Notice of Hearing - Motion to Convert to Chapter 13". The hearing date is Apr 15. Would this be the confirmation date (Apr 15)? (once it's heard of course) and then 30 days after is when my 1st payment is due? My atty will be attending this hearing and says that I don't need to attend.

[nojusticehere]

Checked PACER again today, another 341 is scheduled for the 15th at 1130. So, there's a "Notice of Hearing - Motion to Convert to Chapter 13" meeting at 1030, then another 341 at 1130, same day.

Am I required to attend either one of these? I've already attended a 341 for Chap 7 (I'm not converting to 13). Will one of these meetings be my confirmation date?

[HHM]

The "hearing" is just that, it is the hearing on the Motion (anytime a motion is filed in court, a hearing date is set). Since you have an attorney, you do not need to attend, I assume the attorney is opposing the motion. The judge is simply going to either grant or deny the motion to convert. And no, that hearing is NOT your confirmation hearing.

Yes, you do need to attend the 341 meeting for the chapter 13...unless of course, the judge denies the motion to convert and you stay in a chapter 7.

[nojusticehere]

The "hearing" is just that, it is the hearing on the Motion (anytime a motion is filed in court, a hearing date is set). Since you have an attorney, you do not need to attend, I assume the attorney is opposing the motion. The judge is simply going to either grant or deny the motion to convert. And no, that hearing is NOT your confirmation hearing.

Yes, you do need to attend the 341 meeting for the chapter 13...unless of course, the judge denies the motion to convert and you stay in a chapter 7.

No, my atty isn't objecting. I don't qualify for a 7 so we have to convert. I have too much disposable income. I've attended the 341 for the original case when we filed a 7, I still need to attend for the 13? When I attended the 341 for the Chap 7, the judge was told of my converting to a 13 and he said he had "no problem with the conversion, however a continuance is scheduled for 15 Apr."

Do you know when the actual Chapt 13 confirmation would be? This is really confusing me. I realize that under a "normal" Chap 13 filing the payment would be due 30 days after filing, but in this case, would the "actual" filing date be 15 Apr when the court approves the conversion? And therefore the first payment is due 30 days from that???? (May 15)

[HHM]

These are all fine questions to be asking your attorney.

1. If you are not opposing the conversion motion, there is no need to attend the hearing. (if your attorney is not opposing it, I doubt he will attend).

2. Yes, you have to attend the 341 meeting...it is a different trustee and the rules are different in chapter 13, so yes, you WILL have another 341 meeting that you have to attend.

3. Not sure about the payment date issue. If I were you, I would be prepared to make a payment in April. But hopefully your attorney will have some sort of chapter 13 plan propsed by next week so you have an amount.

[nojusticehere]

Thanks for your input....I will definitely schedule to be there on Apr 15. I would love to ask my attorney these questions, however, he's on vacation for 3 weeks in Europe. (I helped pay for that one, lol)