Confirmation Hearing Pt 2

[ccgirl]

Hello-
I asked my lawyer's office about my attendance at the Confirmation Hearing. A few weeks ago I was told I would have to attend. Today they told me that if there are any objections to the confirmation that are not settled before Thursday I will have to attend to have the objections settled. Just out of curiousity..those of you who are already confirmed, what you some objections that creditors or the trustee had in regards to your confirmation?

[kmb]

We had one creditor object to the amount we were paying because they felt that our expenses were "inflated" and that we didn't need things like $50/month for medical care or the cost of daycare. The attorney for the creditor kept postponing and our lawyer had to go to court 3-4 times before we were finally confirmed. We never had to go, he handled it all and then called us afterwards. He had all the documentation to support our expenses, so I guess if there were questions, they may have called us in, but it never happened.

Good luck

[ccgirl]

Thanks KMB....is there a spot on PACER that would show right now if there was an objection?

[glc4122]

finding objections on pacer?

where on pacer do you find any objections to your case? under what listing as example docket report etc?.also how often are you billed for pacer? quarterly or can you pay at any time?

thanks

[AngelinaCat]

We have been billed quarterly. I might also add, that when 'Hub set up our account he had to give a CC--actually it was our CU bank card. When they can't autodraw, then we get the paper bill.

BE WARNED: Every time you click to look at a document, the charge is $.08 per page. Doesn't look like much, but it quickly adds up. We save the document to a folder on our hard drive, with a meaningful name, ehn we can go look at or print the document whenever we like.

[lrprn]

We had three objections filed to our Ch 13.

1 - Our mortgage lender objected to our plan stating to the court that we weren't up to date on our payments when we filed. We were and could prove it with their own paperwork. Our lawyer forced our lender's lawyer's hand by setting a court date to present their evidence and we'd present ours. Court date came and they were a no-show so our bk judge threw out their objection. This took 4 months after filing to resolve.

2 - Our Ch 13 trustee did not want to allow us to contribute to our retirements at the allowed level (5% of our incomes) and also be able to include paying off six retirement loans at the same time. Our trustee and our most excellent lawyer both filed briefs and we had a hearing with our bk judge who ended up ruling in our favor several months later. This process took 15 months from start to finish.

3 - Our trustee interpreted the disposable income figure showing on our Schedules I minus J as our disposable income rather than what was showing as disposable income on our Means Test. Our lawyer felt the opposite. Back in 2006 this was a very gray area of the new bk law regarding Ch 13 so again briefs were filed by our lawyer and our trustee and we went before the judge at a hearing. This time the judge ruled in our trustee's favor and our monthly payment increased by $150/month. This process also took 15 months to resolve.

We filed in June 2006 and our plan was finally confirmed in November 2007. It was a LONG 15 months but we were very happy with the outcome. Also our case set case law precedents in two gray areas across the country helping other Ch 13 filers, so we were happy about that as well.

[kmb]

You should be able to find objections in Pacer under the docket report. We also were mailed hard copies of the objections, which is actually how we found out. I was still a newbie and didn't know about Pacer at the time.

Also, Pacer only charges you if you go over a certain amount each quarter--I think it's something like $10/quarter. I've been now using Pacer for over a year and have never been charged because I guess I've stayed under this amount. The key is to just look at your own documents rather than trying to figure out what else is out there, since the pages do add up very fast.

[ccgirl]

Thank you all for your help. I did check PACER and the last thing entered since all the filing stuff was my completion of the debtor education class...so hopefully that means that there are no objections. I will just have to wait and see though

[arkienurse]

The trustee and our mortgage company objected to having the mortgage outside the plan with arrears existing. Only thing is though, we were not and had never been behind. We had never been 30 days late even, not on the mortgage. The morgtage company had a lawyer draw up a proof of claim. The charge for this was $150. Then they turned around and tried to say that we were in arrears for $150. I figured out what it was, I was even on the phone with the mortgage and that was all they could figure. But it wasn't until almost a year later, when the mortgage issued us a check for escrow overages that I was able to get it straightened out. I took that check and went into the lawyers office. I showed it to the paralegal and asked, If we are in arrears, would they have sent us an escrow refund without taking out the arrears? Finally the light came on. She copied the check, and within a month we were finally confirmed.