Honda objects...now what??

[parsoc48]

We got a notice today of a hearing on 6/10 for a motion to object to confirmation of plan and objection to lowered value on the car (not the right term but I don't have it in front of me); I'm not totally surprised and I have a call in to the attny, but wanted to know if anyone else has similar experience and what to expect.
The hearing is in Sacramento rather than here, a 3 hour drive...are we both expected to attend? Can just the attny. go? That's a lot of legal fees for that distance and time!

[lrprn]

Filers are not required to attend the Ch 13 confirmation hearing. Is that what the scheduled meeting on 6/10 is for?

Between now and then your lawyer is going to be working with your trustee to sort out what the issues are and try to find a solution before the hearing. If they reach a solution, then your lawyer will contact you and lay out the necessary changes to amend your plan so it can be confirmed.

Only if your trustee and your lawyer can't reach an agreement will your case be continued as not confirmed. You'll still need to keep making your Ch 13 payments on time, and start preparing yourselves for a possibly long wait ahead of you if you aren't confirmed right away (check our dates in my sig).

Our trustee had two objections filed against our plan and he and our lawyer could not reach an agreement before our scheduled confirmation hearing. The issues in our case were perfect for setting legal precedent in our district, so our lawyer and the trustee each filed briefs supporting their legal positions. Our case moved on to a preliminary hearing with our judge, the trustee, and our lawyer that we were required to attend. Eventually everything settled out and after 15 months we were confirmed.

Ask your lawyer whether you should plan to be there on June 10 or not. If all you are going to hear is that your plan is or isn't confirmed, then there's no logical reason to go. Your lawyer will know the right thing for you to do under the circumstances - just follow his/her advice.

Good luck - hang in there! It's not unusual for the Ch 13 trustee or a creditor to file an objecton when you first file - you just have to let the lawyers do their work until the dust settles and you are finally confirmed.

[parsoc48]

Filers are not required to attend the Ch 13 confirmation hearing. Is that what the scheduled meeting on 6/10 is for?

Looks like 6/10 is the date Honda is asking for, to lodge their objection to confirmation of the plan. I kind of figured it was an issue to be worked out by the attorney...still a little worrisome. But just part of the process...sigh! Thanks for the info...we'll just have to fasten our seatbelts for the rough road ahead.

[krielly]

Your attorney should be able to answer this question for you (whether or not you need to attend).

K

[imbroke2]

I wouldn't worry. We had the same thing through one of our auto loans with a bank. We did the cram down since we had the car for 910 days and they objected anyway. Unfortunately we still have a pretty big portion going to them. In any case our lawyer took care of everything. We didn't need to go to any hearing or do any paperwork ourselves.

[parsoc48]

Thanks for all the replies, and no, we don't have to worry much! It is an expected objection, we don't have to appear, and if it isn't "settled" with the creditor our attny. can appear by telephone.
My main worry was the extra legal fees if he has to fight it. What I don't know, and need to ask, is if there are fees incurred beyond the $3500 charged are they also included in the plan, or is it out of pocket for us?